All content on the website including text, graphics excluding 3rd party real estate marketing photos used under “Fair Dealings”, logos, icons, and advertisements, including the selection and arrangement thereof (the “Content”) is Copyright © 2013 Which Real Estate Agent, its suppliers and/or licensors unless expressly indicated otherwise.
The Content is protected by Australian and international copyright and trademark laws. Once Content is published, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for or expressly authorised in writing by Which Real Estate Agent or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on the website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
using an industry standard web browser, download and view the Content for your personal, non-commercial use, or
if you are an internet service and/or access provider, supply the Content to your subscriber.
In providing personal and property related information to Which Real Estate Agent (“Form Submission”), you acknowledge and agree that Which Real Estate Agent shall assess the information provided by you to select certain real estate agents who, in Which Real Estate Agent’s opinion meets the requisite skills, knowledge and ability to effectively facilitate the sale or rental of your property.
Which Real Estate Agent will provide you with the outcome of research on real estate agents based on your Form Submission (where such analysis shall be at the sole discretion of Which Real Estate Agent), after which you may decide, at your own discretion, to ask Which Real Estate Agent to, on your behalf, introduce real estate agents, for you to interview and potentially contract with in respect of facilitating the sale or rental of your property.
You agree that Which Real Estate Agent will provide details of your Form Submission to various real estate agents and will request information from such real estate agents in respect of facilitating the sale or rental of the property.
You agree that the selection process in respect of real estate agents presented to you are based on the opinion of Which Real Estate Agent only, based on the research Which Real Estate Agent undertakes and, accordingly, Which Real Estate Agent has no responsibility, liability nor obligation in respect of your selection of a real estate agent in respect of the sale or rental of your property.
You acknowledge and agree that Which Real Estate Agent will receive a fee from the real estate agent that you selected to sell or rent-out your property (via your interaction with the Website and other communication means) upon the sale or rental of such property. Please note that only the real estate agent is required to pay the referral services fee to Which Real Estate Agent and you have no liability toward Which Real Estate Agent in this regard.
Which Real Estate Agent makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the real estate agent for your needs as a vendor. The information we provide is merely a reference tool to empower you to make your own decisions.
This clause is material and essential to these Terms and Conditions.
The trademarks listed below are trademarks of Which Real Estate Agent or its affiliates. All other trademarks displayed on the website are trademarks of their respective owners. Nothing contained on the website should be construed as granting any license or right of use of any trademark displayed on the website without the express written permission of Which Real Estate Agent, the relevant affiliate or third-party owner.
Some of the logos appearing on the website may be available to you to place on your own website as a hyperlink to Which Real Estate Agent website. However, such use requires the express written authorisation of Which Real Estate Agent or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
When using the website you may provide us with information about yourself or other matters.
In respect of providing information you agree that you will not post, transmit or otherwise publish on the website or to the website servers any material that;
restricts or inhibits any other user from using or enjoying the Content on the website;
is unlawful, threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist or indecent or any other material of a similar nature, including without limitation any transmissions that would constitute, or that encourage conduct that would constitute, a criminal offence, give rise to civil liability, or infringe any applicable laws;
violates or infringes the rights of any other person, including material which is an invasion of any privacy rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from the owner;
contains a virus, worm, Trojan Horse or other harmful or destructive component(s) or device(s) that has a negative impact on the normal operation and use of the website, it’s servers and the Content thereon;
contains any promotional material or advertising;
constitutes or contains false or misleading statements.
You expressly acknowledge and agree that Which Real Estate Agent does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Which Real Estate Agent does not and cannot review all information posted to the website by users and is not responsible for such information. However, Which Real Estate Agent reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason whatsoever or for no reason.
Which Real Estate Agent may at it’s sole discretion and without prior notice remove, replace, re-format or delete any information, service or functionality from any part of the website at anytime for any reason whatsoever or for no reason.
Advertising, links to third party websites and e-commerce offers on the Which Real Estate Agent website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Which Real Estate Agent, and Which Real Estate Agent is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Which Real Estate Agent provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Which Real Estate Agent or its affiliates. By following a link to any such website you do so entirely at your own risk.
The website may also contain third party advertisements (including, but not limited to, pop-up/pop-under ads, banner ads, button ads, tower ads and text) which may contain embedded hyperlinks to websites operated by third parties or their licensees or contractors.
All third party advertising (including embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Which Real Estate Agent or its affiliates or their respective directors or employees unless expressly indicated otherwise.
You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, advertisements may contain representations or offers by the third party advertiser, which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Which Real Estate Agent and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website. Your correspondence or business dealings with, or participation in promotions of, advertisers found on Which Real Estate Agent website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Which Real Estate Agent shall not be responsible or liable for any loss or damage of any sort, incurred as the result of any such dealings with, or as the result of the presence of, any advertisers on Which Real Estate Agent website.
The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Which Real Estate Agent of goods or services on the website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Which Real Estate Agent does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
All Content and functionality is provided “as is” and without warranties of any kind, either express or implied,
Which Real Estate Agent and its suppliers expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose,
Which Real Estate Agent does not warrant that the information or functions contained in any Content, or your access to the website will be uninterrupted or error-free, that any defects will be corrected or that the website or the server which stores and transmits the Content to you are free of viruses or any other harmful components,
Which Real Estate Agent does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and under no circumstances (including, but not limited to, any act or omission on the part of Which Real Estate Agent) will Which Real Estate Agent or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of any kind (including any loss of income or profits) whatsoever which result from any use or access of, or any inability to use or access, the website or any Content.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.