- Web site Terms of Use, Disclaimer and Copyright
1. About this Web document
1.1. This Site is owned and operated by the proprietors of CRE Internet Services.
1.2. These are the terms and conditions ("Terms") upon which CRE permits You to use this Site and any services offered on it.
1.3. These Terms must be read together with any other applicable terms and conditions that govern Your use of particular parts of this Site.
1.4. By using, and/or accessing this Site, You agree to be legally bound by these Terms. If You do not accept these Terms then You must not use the Site.
1.5. CRE may amend these Terms at any time and recommends that You periodically review them so that You remain informed of any changes to them.
- About the information on this site
- Disclaimer
- Copyright
- Permitted use of information on this site
- Some specific requirements
- Passwords
- Linked sites
- Privacy
- Termination of access
- General
- Dictionary
2. Dictionary
2.1. The dictionary in clause 13 defines certain expressions used in these Terms.
3. About the information on this site
3.1. Whilst CRE operates this Site in good faith, the Information on or accessed through the Site:
- is general information only, and is not comprehensive;
- is not advice, whether professional, expert or otherwise;
- may not be accurate, relevant, reliable, complete or up-to-date; and
- must never be relied upon as the basis for doing or failing to do anything. You must make Your own assessment of the Information and rely on it at Your own risk.
3.2. Without limiting the preceding sub-clause, Information on this Site about real estate for sale or lease ("Listings"), is posted on the Site by Member Agents. CRE is only a distributor or 'conduit' of Listings, not a publisher of them. CRE is not responsible for the accuracy of Listings and You should always verify them with the associated Member Agent.
4.1. To the maximum extent permitted under applicable laws:
- CRE excludes all liability for any loss or damage however caused (including for negligence), which You or any other person may directly or indirectly suffer in connection with Your use of the Site or any Linked Site, or that arises out of Your use of or reliance on Information contained or accessed through this Site;
- Information is provided "as is" without warranties of any kind, whether express or implied, including warranties of merchantability and fitness for a particular purpose, all of which are excluded from these Terms;
- CRE does not warrant that the Site or any of its facilities will be uninterrupted, secure or error-free, or that the Site or the server which stores and transmits Information are free of viruses or other harmful components; and
- CRE does not make any representation concerning Your use or access to, or the results of Your use or access to, the Site (including any related or Linked Sites) or any Information whether in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
4.2. CRE relies on Your continued observance of these Terms. If CRE suffers any loss or damage or incurs any costs in connection with Your breach of these Terms or any other legal obligation then You agree to indemnify CRE for those losses, damages and costs.
5.1. All Information on this Site is copyright © 1998 - 2004 CRE, its Member Agents and/or licensors unless otherwise indicated on this Site.
5.2. The Information is protected by Australian and international copyright and trademark laws. You must not modify, copy, reproduce, republish, hyperlink, frame, up-load to a third party, post, transmit or distribute the Information in any way except as expressly permitted by these Terms, elsewhere on the Site or by CRE in writing.
6. Permitted use of information on this site
6.1. You may make temporary copies of the Information as is necessary to browse it on Your computer screen.
6.2. You may download or print a single copy of the Information for Your personal, non-commercial use.
6.3. You must not act in a manner that negatively affects other users of the Site.
6.4. You must not use the Site in a way, or do anything in connection with it, that is unlawful or which violates any right of CRE or that is prohibited by these Terms.
7.1. This Site has various facilities which enable You to submit content for posting to the Site ("Property Listing Facility"). For example, the 'List Your Requirement' page of the Site.
7.2. In using the Property Listing Facility You must:
- ensure the content You submit is not unlawful or for an improper purpose and is not misleading or deceptive, defamatory, in breach of any copyright, trade mark or obligation of confidentiality, and not contrary to privacy legislation or any other applicable law; and
- not submit or transmit anything containing a virus or other harmful component.
7.3. You acknowledge:
- You must take Your own precautions to ensure the process You use to access this Site does not expose You to risk of viruses or other forms of interference which may damage Your data or computer systems;
- You are responsible for the contents of any web site CRE permits You to link to the Site;
- and agree that by submitting content to this Site, You grant or have procured for CRE a non-exclusive, world-wide, royalty-free licence to use, reproduce and adapt that content to the extent necessary to operate and promote the Site;
- CRE may from time to time in its absolute discretion, edit, refuse to post or remove any content (in whole or in part) that You have submitted to the Site;
- CRE is not obliged to do the things referred to in the preceding sub-clause and has no responsibility for content posted or transmitted by other users of the Site;
- if You are Member Agent, that a property entry in the 'List Your Real Estate' page of the Site does not of itself comprise authority for You to sell or lease that property and that it is Your responsibility to make such arrangements with the registered proprietor/s or lessor/s of the property (as the case may be); and
- You must comply with all reasonable directions of CRE in connection with Your use of the Site.
8.1. CRE may in connection with Your use of this Site, provide You with a password, username and/or similar access code ("Password").
8.2. Your Password must not be shared, transferred, or used by any person other than Your authorised personnel.
8.3. You are responsible for keeping the Password confidential and are liable for all costs, liability and expense incurred in connection with the use of that Password (whether or not authorised by You), except to the extent caused by CRE's negligence.
9.1. Links to Linked Sites are provided for convenience only and may not remain current or be maintained.
9.2. Links to Linked Sites should not be construed as an endorsement, approval, recommendation or preference by CRE of the owners or operators of the Linked Sites or of any information, products or services referred to on those sites, unless this is expressly stated.
10.1. The Privacy Policy on this Site sets out CRE's policies relating to the collection and use of Your personal information. That policy should be read in conjunction with these Terms.
11.1. Access to this Site may be terminated at any time by CRE without notice to You. Clause 4 and any limitations of liability in these Terms will survive such termination.
12.1. All rights not expressly granted to You in these Terms are reserved.
12.2. If any of these Terms is or becomes for any reason invalid or unenforceable at law, the validity and enforceability of the remainder of them shall continue unaffected.
12.3. The laws in the State of Victoria, Australia govern these Terms and You must submit to the exclusive jurisdiction of the Courts of that State.
13.1. In this Web document:
"CRE" means C.R.E Internet Services ABN B1398029B of 43 Railway Rd Blackburn Vic 3130 and its principals, employees, officers, agents, or assigned parties,
"Information" means all information, text, material, graphics, software and advertisements on the Site,
"Linked Sites" means links to other web sites contained on this Site;
"Member Agent" means a licensed real estate agent that has subscribed to and been approved by CRE, to become a member of this Site;
"Site" means the World Wide Web site operated by CRE under the URL 'www.commercialrealestate.com.au',
"Terms" has the meaning given in clause 1.2 and consists of clauses numbered 1 to 13 inclusive, and
"You" or "Your" refers to you as the user of this Site and includes your employees, officers, agents and contractors.