Terms & Conditions

Terms of Use

The “List This Property” website at www.listthisproperty.com and its functions and Services (the “Site”) is owned and operated by S Dore & J Dore trading as List This Property ABN 19 633 106 499 (“We”, “Us”, “Our”).

User access to and use of the Services is subject to these Terms of Use and any other policies published on the Site from time to time. By using the Services, Users are deemed to agree to these Terms of Use and all Policies. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE VIEWING THE SITE OR USING THE SERVICES.

We may amend these Terms of Use at any time at Our discretion. Please review the Terms of Use and Our Policies periodically as continued use of the Site indicates a acceptance of any changes made. All amended Terms of Use and Policies shall automatically be effective from the time and date of appearance onOur Site (unless otherwise stated). If a User does not agree with such changes, the User must cease to use the Site.

1. DEFINITIONS & INTERPRETATION

  • Definitions

In these Terms of Use unless inconsistent with the context or subject matter:

  • “Agent/s” means a property agent duly qualified and authorised to sell real estate in the relevant state who is also a Subscriber;
  • “Completed Transaction” means the completion and settlement of the sale of a Listing the subject of an Enquiry which the Agent became aware of on or through the Site, regardless of how or when the Agent was Engaged;
  • “Content” includes any material, text, information, pictures, tools, sound, graphics, video and other data forming part of or contained in the Site from time to time whether in written form or otherwise;
  • “Engaged” and “Engagement” means the formal engagement and appointment of an Agent to list a Property for sale in accordance with the legislative requirements and usual practices applicable in the location of the Property;
  • “Enquiry” means an enquiry by a User seeking to Engage an Agent comprised by the User completing the required information on the Site;
  • “GST” means the goods and services tax as provided for by the A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced fromtime to time and any associated legislation including, without limitation, delegated legislation;
  • “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trade marks, know-how, processes, concepts, intellectual property in the Services including the Site, the Content, the name “List This Property” and any right to have information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of these Terms of Use;
  • “Listing” means an entry for a Property sought to be listed for sale including the Sellers details, Property details, Property post code and other information and photos as prompted on the Site;
  • “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production, loss of life and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data production stoppage, or consequential or indirect loss or damage howsoever arising or caused, including, without limitation, negligence, tort, contract or statute;
  • “Policy” means any policy of Ours in place from time to time including without limitation any policy relating to privacy, fees, refunds, feedback and services;
  • “Property” means a property (residential or commercial) located in Australia and includes a unit, townhouse, duplex, house or land;
  • “Related Entity” has the meaning given to it in section 9 of the Corporations Act 2001 (Cth);
  • “Seller/s” means the legal, beneficial and registered owner of a particular Property the subject of a Listing;
  • “Service Fee” means the fee payable by the Agent calculated at 0.3% of the purchase price specified on the contract for the sale of a property the subject of a Completed Transaction capped at $3500 or as otherwise described on the Site or otherwise agreed by Us;
  • “Services” means the provision of the full functions of the Site intended for Sellers and Agents and the information, tools, functions and support for the Site to be available when a User subscribes and otherwise takes the steps described on the Site and these Terms of Use;
  • “Subscriber/s” refers to a person that has formally subscribed to access the Services including Sellers and Agents;
  • “User/s” means any person who uses the Site, the Services, or any part of them, for any purpose whatsoever or any one of them as the case may be and includes a Subscriber as and when the context requires;
  • “User Account” means an account created and owned by a User in accordance with clause 1;
  • “User Information” means any information or documents or material entered uploaded, added, created or imported by the User to the Site including without limitation a User name, address, company or business name, ABN, telephone number, email address, Property details, photos, videos and section answers.
  • Interpretation

In these Terms of Use, unless inconsistent with the context or subject matter:

  • a reference to a person includes any other legal entity;
  • a reference to a legal entity includes a person;
  • words importing the singular number include the plural number;
  • words importing the plural number include the singular number;
  • the masculine gender must be read as also importing the feminine or neuter gender;
  • a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
  • headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of User is used, in which case clauses under that subheading relate to the party referred to in the subheading;
  • where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
  • a reference to a statute includes all regulations and subordinate legislation and amendments;
  • references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
  • a reference to a monetary amount is a reference to an Australian dollar amount (unless otherwise specified);
  • an obligation of two or more parties binds them jointly and each of them severally;
  • an obligation incurred in favour of two or more parties is enforceable by them severally;
  • references to time are to local time in Queensland;
  • where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
  • a reference to a business day means any day on which trading banks are open for business in Queensland;
  • if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next businessday;
  • a reference to a month means a calendar month; and
  • a reference to data includes

2. ACCESS

  • Read-only access to the Site is free. Access to the Services is available to a Subscriber.
  • Any use of the Site or Services not specifically permitted, designed or intended is strictly prohibited.
  • We grant to a User a non-exclusive, non-assignable licence to use the Site in accordance with its normal and intended functionality and for personal use onlyand strictly in accordance with these Terms of Use and any
  • Each User acknowledges and agrees that it will not, as a result of being granted a non- exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Site, Services, Content or any part of it, other than the non-exclusive rights granted in accordance with these Terms of Use.
  • The non-exclusive licence does not include the right to use any data mining robots or other extraction tools and does not permit a User to metatag or mirror the Site without our prior written permission.
  • Users require the equipment and connections necessary to access the World Wide Web and are responsible for:
    • the provision of any such connection or access to the World Wide Web;
    • the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
    • the provision of all equipment necessary for a User to make any such connection to the World Wide Web, including a computer and a
  • If a User accesses or uses the Site or the Services on behalf of a company or other entity, the User represents that it has the authority to bind such entity to these Terms of Use and that it is fully binding on it. In such case, the term “User” will refer to the User personally and such entity jointly and severally. If the User does not have authority, the User must not access or use the Site or the Services.

3. SUBSCRIPTION

  • In order to create a Listing or submit or review an Enquiry, a User will be required to create and hold a User Account by entering User Information as prompted by the Site, selecting login details, and clicking to create a User Account. The User Account for:
    • A Seller must include the Seller’s full legal name as depicted on their driver license, a valid email address and password;
    • An Agent must include the Agent’s full legal name, the name of the agency/business they represent and nominate post codes and suburbs in which the Agent is capable of providing its services;
    • All Users must be accurate, up to date, complete and not false or misleading at all times.
  • The User must be legally able to form binding contracts to become a Subscriber.  This means the User must not use or register for the Services if the User is under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where the User is a company.
  • The User is responsible for the security of the User Account login details. We will assume that any activity using a User Account is authorised by the User.
  • The User must not use false or misleading information in subscribing or using the Services or making an Enquiry and the User must update the User’s details should they have changed from the last time the User used the Site.  
  • The User permits us to send the User notifications by email or other electronic means of the status of any Enquiry, the details of any Seller or Agent (as the case may be) and any other marketing, promotional, research or feedback content. We accept no liability for any loss or damage incurred if the User does not receive any notifications by us to the User, for whatever reason.
  • If We have reason to believe that there is likely to be a breach of security or misuse of the Site, We may change the password of the User and will notify the User accordingly.

4. ENQUIRIES AND ENGAGEMENT

  • In order for a User to seek to Engage an Agent to sell their Property:
    • The User must complete a Listing by following the instructions and prompts on the Site;
    • The Listing will be sent to Us;
    • Unless We have reason to believe the Enquiry is false or fraudulent or otherwise not genuine, We will provide the Listing, or details contained in it, to any Agent/s who have nominated the post code/suburb of the Listing;
    • Any Agent interested in the Listing set out in an Enquiry must submit a response and proposal to be formally Engaged by completing the required information on the Site;
    • The Seller will review all Agent responses and proposals to its Enquiry and will authorise Us to supply the Seller’s contact details to which Agent/s to arrange contact for the purpose of negotiating an Engagement and, if appropriate in the discretion of the parties, to formally Engage an Agent.
  • For the avoidance of doubt, neither party is obliged to accept the terms set out in the Enquiry or to enter into an Engagement.
  • If the Seller does not Engage any Agent or an Agent and the Seller do not agree on terms of Engagement, the matter is at an end and no party shall have any action against one another or Us whatsoever.  
  • If the Seller does Engage an Agent, the parties may conduct their contractual relationship in the usual course of business.
  • After a Seller makes an Enquiry, regardless of whether it results in an Agent Engagement or a Completed Transaction, the Seller will be prompted to review and rate each Agent the Seller was introduced to. Reviews and ratings may be shared with agents and/or displayed on the Site.
  • The Seller warrants that:
    • The Seller is the registered owner of the Property specified in the User’s Enquiry and, if applicable, authorised to represent any registered co-owners;
    • The Seller is bona fide ready, willing and able to sell the Property;
    • All information provided in the Listing is true and correct and complete in every respect.

5. SERVICE FEE

  • The Service Fee is payable by the Agent on each Completed Transaction.
  • The Agent warrants and guarantees that it will notify Us of the settlement of any Completed Transaction and the total purpose price paid (before any rebates or discounts) within 7 days of settlement after which We will issue an invoice for the applicable Service Fee.
  • The Agent must pay the Service Fee within 7 days of Our invoice date.
  • Payment of all amounts must be made in the time and manner directed by Us from time to time. All amounts are quoted in Australian dollars and are inclusive of GST and other applicable taxes, except where otherwise
  • If any amount is not paid by the nominated due date:
    • We may, but are not obliged to issue a warning;
    • access by the Agent may be suspended or terminated;
    • the Agent must pay interest on any unpaid outstanding amount calculated at the daily rate of 15% per annum from the due date for payment until thedate payment is received by Us; and
    • the unpaid Service Fee and interest may be recovered by Us as liquidated

6. NATURE OF SERVICES

  • The Services are designed to create introductions between Sellers and Agents in respect of Property Listings. Users acknowledge that the Site and Services is merely a portal or passive conduit for creating connections between Sellers and Agents. Users acknowledge:
    • Availability of an Agent for a User’s Enquiry shall be subject to availability.
    • The Agent Engaged shall be the provider of real estate advice, services, information and suggestions (not Us) and the Agents’ opinions are solely their opinions (not Ours).
    • Any contractual relationship between a User and Agent shall be strictly between such parties (and not Us). We are not involved in any way with such contractual relationship or the advice, content, information or representations given by either party to the other and each User takes full responsibility for the decision to make and accept contact or any act or omission, including negligence, that follows contact, via the Site.
    • We make no warranty about the standard, quality or accuracy of any advice, suggestions and information (such as the commission of the Agent, whether any specific Agent is appropriate for the Property) the subject of any interaction on the Site or directly between a Seller and an Agent and their skills, credentials, experience, qualifications or other data regarding same (and any reliance placed on same). Users must exercise a high standard of care and independently verify same before deciding to Engage an Agent.
    • We are not liable for negotiating, creating or enforcing any Engagement made between a seller and an Agent.
    • We are not liable for verifying the location, condition, value or salability of any Property or the genuineness of a Seller’s intention to sell a Property. Agents must carry out their own enquiries.
    • We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Services.
    • In no event will We or any Related Entity, officers, directors, agents, employees, consultants or contractors be liable to a User or any third party for any decision made or action taken or omission in reliance on the Services provided or for any Loss, even if advised of the possibility of such
  • Users acknowledge that:
    • the User accesses the Site and Services at its own risk;
    • the Site and Services are provided as a passive conduit for introductions only and do not constitute professional, property, legal or financial advice; and
    • the Site and Services should not be relied upon or regarded as a comprehensive assessment or evaluation or recommendation regarding a Listing.
  • WITHOUT LIMITING ANY OTHER CLAUSE, TO THE EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED WITH NOGUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF IT, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR

7. YOUR OBLIGATIONS

  • Each User must comply with all clauses of these Terms of Use and all Policies and all other terms and policies incorporated by reference.
  • Each User must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding use of the Services.
  • User access to and use of the Site, any Services, and any User Information, must not:
    • be false, inaccurate or misleading;
    • be fraudulent or deceptive;
    • impersonate or otherwise misrepresent a User identity or affiliation with any other person or entity;
    • infringe any third party’s copyright, patent, trade mark, design, trade secret, intellectual property or other proprietary rights or rights of publicity orprivacy;
    • violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law such as the Competition and Consumer Act 2010 (Cth));
    • be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
    • be obscene, pornographic or indecent or contain adult material or vulgar, profane, discriminatory, offensive or racist language;
    • contain comments of a religious, political or social nature;
    • contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, spiders, robots, screen scrapers, data aggregation tools or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access withoutauthority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Site;
    • interfere with or disrupt the Services or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
    • create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider, other Users or other suppliers;
    • damage the credibility or integrity of the Services or Us;
    • breach or violate any Policy;
    • link directly or indirectly to or include anything that:
      • a User does not have a right to link to or include;
      • could cause Us to violate any applicable law, statute, ordinance or
    • Each User acknowledges and agrees that the User must not:
      • commit or permit any act which may interfere with the access to or use of the Site or the Services by any other User;
      • use the Site to send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 or any similar legislation to any person or company;
      • attempt to gain unauthorised access to the Services or computer systems or networks connected to the Site or any Services through any means;
      • tamper with, hinder the operation of or make unauthorised modifications to the Site, the Services or any part thereof;
      • damage or modify the Site or the Services or any part thereof;
      • reverse engineer, decompile or disassemble the Site, the Services or any part thereof;
      • copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Site, the Services or any part thereof; or
      • modify, alter, adapt, disassemble, reverse engineer, decompile or amend any Content or any part thereof in any

8. INTELLECTUAL PROPERTY

  • The Services and all parts thereof, including the Content, are protected by copyright and other proprietary rights and remain the property of Us immediately upon creation and at all times thereafter.
  • The User acknowledges and agrees that We own the Intellectual Property and that no right, title or interest in any of the Intellectual Property is transferred or granted to a User other than the rights granted expressly by these Terms of Use.
  • The User must not at any time assert any right to or over such Intellectual Property or take, appropriate, or represent any or all such Intellectual Property as its own.
  • Users undertake not to take or permit or omit any action which would or might:
    • invalidate or put in dispute Our title in the Intellectual Property or any part of it;
    • oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
    • support any application to remove or undo Our title in the Intellectual Property or any part of it; or
    • assist any other person directly or indirectly in any of the
  • The parties agree that any intellectual or industrial rights in any additional or further or new works, material or information created, formulated or discovered during or after a User’s use of or access to the Services, excluding a User Information, will be the sole and exclusive property of Us and a User will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in such additional or further intellectualproperty rights to
  • Without limitation, the “List This Property” logo and name are owned by Us, and may not be used as part of a User business or in connection with any goods or services without Our prior written consent which shall be given, given with conditions or withheld at Our absolute
  • Each User acknowledges and agrees that it will not copy, reproduce, alter, modify, create derivative works, or publicly display the Services, Site, or any part of it unless with the prior written permission from Us or the appropriate third party authorised to grant such permission and when doing so the User must acknowledge Us and, for electronic uses, include a link to Our
  • We may at Our sole and absolute discretion refuse or remove any Content or User Information from the

9. USER INFORMATION

  • Users are solely responsible for transmissions to Our Site when using the Services or when the Site is accessed by someone using the User Account.
  • Each User grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights, including intellectual property rights in the User Information in any media.
  • The User acknowledges and agrees that:
    • We only act as a portal for the distribution and publication of Listings;
    • We make no warranty that a Listing is actually made available on the Site;
    • We have the right (but not the obligation) to take any action deemed appropriate by us with respect to a Listing or any User Information;
    • We have no responsibility or liability for the deletion or failure to store any a Listing, whether or not it was actually made available on the Site; and
    • Any Listing is subject to Our approval and may be accepted, accepted on conditions, modified or rejected at Our absolute discretion.

10. LINKS AND ADVERTISING

  • The Site may contain links to third party Those websites are not under Our control and We are not responsible for the content of the links containedin those websites or any webcasting or other transmission received from any such websites. Neither Us nor any Related Entity or Our officers, directors, employees or agents recommend or endorse the content of any third party websites which may be linked to or from the Site, or goods orservices of any third party organisations mentioned or described on this Site or linked to or from the Site. Users acknowledge that they enter any third party websites at their own risk.
  • The Site may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Use nor any Related Entity or Our officers, directors, employees or agents recommend orendorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If Users choose to order a good or service advertised by a third party on the Site, they do so at a their own
  • A User must not link the Site from any other website not owned or operated by Us without Our prior written

11. UPGRADES

  • Upgrades and updates may be made to the Site, the Services from time to time. Such upgrades or updates may occur automatically and remotely with or without prior
  • Users acknowledge and agree that these Terms of Use apply to updates, supplements, add on components, or internet-based services or components of the Site or Services together with any other terms along with the update, supplement, add on component or internet-based services or components which We
  • We will endeavour to carry out any non-urgent support services, upgrades, updates, supplements, add on components, or other internet-based services or components outside of usual business hours.
  • We reserve the right to discontinue any internet-based services provided to Users or made available to Users through the use of the Site at any

12. BREACH AND TERMINATION

  • Without limiting other remedies available to Us at law, in equity or under these Terms of Use or any other Policy or otherwise, We may, in Our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s access to the Site or Services or any part of them and/or refuse to provide the Services, or any part of them, to a User (including preventing a User from accessing the Site) if:
    • a User breach these Terms of Use or any Policy or the terms and policies those documents incorporated by reference, including as to payment, and fail to remedy the breach within 2 business days of Our notice to do so; or
    • a User uses or attempts to use or allow the use of the Site for any purpose inconsistent with these Terms of Use;
    • We are unable to verify or authenticate a User Information; or
    • We believe that User actions may cause legal liability for the User, other Users or Us; or
    • In Our sole opinion, a User conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Services or any part of them (or the operation thereof) or Us; or
    • We suspect that a User (by conviction, settlement, insurance or escrow investigation, or otherwise in Our sole discretion) has engaged in fraudulent or deceptive activity in connection with Our
  • We may immediately terminate User access to or use of the Services in the event of:
    • unexpected technical or security issues or problems; and/or
    • prolonged force
  • In addition to any other rights either party a User may cease to use the Site or close or abandon its User Account at any time.
  • We may close or delete any User Account which has been terminated or which records no activity for 6 consecutive months.

13. EFFECT OF EXPIRY OR TERMINATION

  • On expiry or termination of a User’s access to the Services or Site:
    • We will cease to provide access to and use of the Services;
    • the User must destroy all evidence of any usernames, passwords, internet protocol addresses and other like matters;
    • all payments previously made by, or on behalf of the User, remain the property of Us and no party may make any claim in respect of suchpayments;
    • We may, but are not obliged to, delete all User Information which is held in the Site or otherwise in Our
  • Users agree that all terminations for cause shall be made in Our sole discretion and that We shall not be liable to a User or any third party for any termination of a User Account or access to the Services or loss of User
  • Any rights which may have accrued to either party shall be
  • All rights contained in these Terms of Use which are capable of doing so shall survive the expiration or termination of these Terms of Use.

14. WARRANTIES AND DISCLAIMERS

  • We provide the Services, Site and Content on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law.
  • To the extent permitted by law:
    • We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement;
    • We do not guarantee continuous, uninterrupted or secure access to the Services, Site, Content or User Information, and Users acknowledge thatoperation of the Services may be interfered with by numerous factors outside Our control including without limitation operator error, provision of incorrect User Information, power failures, malicious interference, any downtime or interferences of the network provider or any other third party provider or contractor or other lack of coverage of the network used for the purpose of providing the Services;
    • We make no representations or warranties of any kind, express or implied that:
      • the Services will provide any function for which it is not specifically designed;
      • the Services will provide any minimum level of performance;
      • the Services will meet User’s needs or requirements;
      • the Services will be virus free or free of performance anomalies or be operational without interruption;
      • use of the Site or Services will result in any particular outcome or benefit;
      • User access to or use of the Site, Services, (including any related or linked websites), will be uninterrupted, timely, secure or error-free;
      • the Services will be free of inaccuracies or typographical errors; or
      • any errors will be corrected.
    • Each User warrants that the User has not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms of Use.
    • Each User warrants and acknowledges to Us that as at the date of these Terms of Use and for the duration of these Terms of Use:
      • the User was not relying on any representation made by Us;
      • the User has the legal right and power to enter into these Terms of Use;
      • acceptance and performance of these Terms of Use has been duly and validly authorised by any necessary corporate action;
      • these Terms of Use are valid and binding on the User, enforceable in accordance with their terms;
      • the User is not insolvent and no controller has been appointed over any part of the User’s assets;
      • the User is not bankrupt or in liquidation or administration and no proceedings have been brought or threatened for the purpose of bankrupting or winding a User

15. LIMITATION OF LIABILITY

  • In no event shall We or any Related Entity, officers, directors, employees agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
    • The Services;
    • Our Site;
    • any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or
    • line or system failure or the introduction of a computer virus or other technical sabotage;

even if We are advised of the possibility or likelihood of such Loss.

  • WHERE THE LAWS OF ANY COUNTRY OR STATE IN WHICH THESE TERMS OF USE ARE EFFECTIVE IMPLIES INTO THESE TERMS OF USE ANY TERM, CONDITION OR WARRANTY, AND THOSE LAWS AVOID OR PROHIBIT PROVISIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THESE TERMS OF USE PROVIDED THAT THE LIABILITY OF US, ANY RELATED ENTITY AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FOR A BREACH OF ANY SUCH TERM, CONDITION OR WARRANTY, INCLUDING ANY LOSS WHICH YOU MAY SUSTAIN SHALL BE LIMITED, AT OUR OPTION, TO:
    • IN THE CASE OF OUR SERVICES, THE SUPPLY OF THE SERVICES AGAIN, OR THE PAYMENT OF HAVING THE SERVICESRESUPPLIED;
    • IN THE CASE OF THE SITE, THE PROVISION OF A REPLACEMENT COPY OF THE SITE OR THE PAYMENT OF OBTAINING A REPLACEMENT COPY OF THE SITE;
    • IN ANY OTHER CASE, THE LESSER OF THE TOTAL FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND AU$100.00.
  • The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or

16. RELEASE

  • YOU RELEASE US AND ANY RELATED ENTITY AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR RELATED BODIESCORPORATE FROM LIABILITY FOR ANY LOSS ARISING OUT OF THE USE OR INABILITY TO USE OR RELIANCE ON THE MATERIAL OR INFORMATION AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES AND WHETHER OR NOT CAUSED BY ANY NEGLIGENT ACT OR OMISSION.
  • Without limiting these Terms of Use, each User releases us from any Loss arising from the use of, or reliance on, the Services, whether or not caused by any negligent act or omission including but not limited to:-
    • User reliance on the Site, Services;
    • other Users’ content, actions or inactions;
    • loss of use, data or profits on any theory of liability arising out of or in connection with the use of or the inability to use the Site, Services or any part of them;
    • the statements or actions of any employee or agent of Ours;
    • information, data or other material provided to a User by Us;
    • any unauthorised access to or alteration of User transmissions or data including User Information;
    • any information that is sent or received or not sent or received;
    • any failure to store or loss of data or files or other content;
    • a User’s fraudulent, negligent or otherwise unlawful behaviour;
    • the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions that encourage or represent conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law

17. INDEMNITY

  • Users agree to indemnify and hold Us and any Related Entity, and Our officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss of every kind and nature, known and unknown, including solicitors’ fees and claims made by third parties, due to or arising out of or in connection with:
    • User access to or use or misuse of the Site, Services;
    • User breach of these Terms of Use or any Policy;
    • User violation of any law or the rights of a third party;

even if We had been advised of the possibility of Loss.

18. ACKNOWLEDGEMENTS

  • Without limiting any other clause, Users acknowledge that:
    • the World Wide Web exists across open public networks that are neither secure nor private. Accordingly, Users acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;
    • Users are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site including Content and User Information;
    • Users accept all risks and responsibility for all Loss resulting from use of the Services or the material on or accessible through the Site;
    • We may change any of the Content at any time without notice but have no obligation to do so; and
    • No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect User Information, We do not warrant and cannot guarantee the security of User Information which a User transmits through the Site. Accordingly, any User Information which a User transmits through the Site is transmitted at the Users own risk.

19. MISCELLANEOUS

  • The Services subscribed for are personal to the purchaser and cannot be transferred or assigned or loaned to another party without our prior written consent which may be granted or refused in our absolute discretion. We cannot and do not warrant or guarantee the performance or effectiveness of the Service which has been obtained from some other source.
  • Accessing or using the Site, Services or any part of them and uploading User Information is done so at a User’s own risk and the User will be responsible for compliance with the laws within a User’s jurisdiction.
  • We will not be liable by reason of the failure in the performance of obligations under the Terms of Use by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond its reasonable control, including any form of technological failure or the actions of third parties.
  • Publication of electronic addresses in the Site is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
  • Access to the Site and Services is only available to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to persons under 18 years of age. If Users do not qualify, do not use the Services.
  • We operate the Site, Services from offices based in Australia and server hosts based in Australia. Content contained on the Site may not be appropriate or available for use in other locations. If Users access the Site from other locations, Users do so at their own initiative and risk and are solely responsible for compliance with local laws.
  • These Terms of Use are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland. The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them. However, for Our exclusive benefit, We also retain the right to bring proceedings for urgent or injunctive legal or equitable relief in the courts of a User’s country of residence or principal place of business.
  • These Terms of Use shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
  • If a clause of these Terms of Use are void or unenforceable it must be severed from these Terms of Use and the clauses that are not void or unenforceable are unaffected by the severance.
  • Users agree that these Terms of Use and all incorporated agreements may be assigned by Us, in Our sole discretion, to a Related Entity or third parties. Users may not assign these Terms of Use without Ours express prior written consent.
  • Our failure to act with respect to a breach by a User or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches.
  • No waiver by a party of a provision of this Agreement is binding unless made in writing.
  • Users agree that these Terms of Use may not be construed adversely against Us solely because We prepared them.
  • Unless otherwise specified, these Terms of Use and the Policies comprise the entire understanding and agreement between a User and Us with respect to the subject matter hereof.
  • Nothing in these Terms of Use or a User’s use of the Services establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
  • The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
  • Any notice or demand in writing required to be given by Us to a User shall be sufficiently served if:
    • served personally or by pre-paid mail to a User’s last known address;
    • sent by facsimile machine to a User’s facsimile machine;
    • sent in electronic form by email to a User’s email address; or
    • published by notice on the Site.