We may change the Conditions at any time. If we do, an amended version of the Conditions will be posted on the Websites. If you object to any changes to the Website, or otherwise become dissatisfied with your membership of the Website, your only remedy is to immediately discontinue your use of the Website and/or terminate your membership in accordance with the Conditions.
In these terms and conditions:
Contributions means information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on the Website as permitted under these Conditions.
Material means text, illustrations, photos, audio, video, any combination of these or other material.
Us, we or our means Classified Ad Ventures Pty Ltd and/or its related bodies corporate.
Website means any website operated by Us.
a) To access or use certain parts of the Website, you must register as a member of the Website.
b) When registering as a member of the Website, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information.
c) You are permitted to create one profile for yourself. You must not create multiple member profiles on the Website.
2.2. Termination of membership
a) You may terminate your membership of the Website for any reason only by providing written notice to us. You can provide notice of termination by emailing us via the Contact Us page.
b) We reserve the right, without limitation, to do any or all of the following in relation to your membership:
i) suspend your membership;
ii) terminate your membership for any reason by providing notice to you by email;
iii) terminate your membership immediately without notice to you if you have committed a breach of the Conditions; and
iv) permanently or temporarily block your access to all or part of the Website.
3. No advice provided
Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such.
You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
4. Prohibited Conduct
a) You agree that you will not:
i) use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our Website;
ii) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website or undertake any action that will impose a burden or make excessive traffic demands on our infrastructure;
iii) use code or other devices containing any reference to the Website to direct other persons to any other web page;
iv) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;
v) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
vi) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
vii) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
b) use the Website or any Material on it:
i) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";
ii) to impersonate any person or entity;
iii) to solicit money, passwords or personal information from any person;
iv) to harm, abuse, harass, stalk, threaten or otherwise offend others; or
v) for any unlawful purpose or in breach of any applicable laws.
5. Intellectual Property Rights
5.1. Copyright & Use
a) The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, you have permission to download copyright material only for private and non-commercial purposes provided you keep intact all copyright and other proprietary notices.
b) You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose
d) You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication, except with our prior written consent.
a) By uploading, transmitting, posting or otherwise making available any Contributions via the Website you:
i) warrant that any Contributions that you post or transmit on the Website will not infringe the intellectual property rights of any third party;
ii) grant to us a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not; and
iii) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of your Contributions;
b) No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Contributions posted or transmitted on the Website, other than their own Contributions, without the express written permission of the relevant owner.
c) You agree not to post or transmit on the Website, or otherwise transmit to any other member of the Website by any means, Material that:
i) is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
ii) is false or misleading in any way;
iii) infringes the rights of any third party;
iv) you do not have a right to make available under any law or contractual obligation;
v) is sexually explicit or contains sexual references / innuendo;
vi) contains restricted or password only access pages, or hidden content; or
vii) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
viii) contains large amounts of untargeted, unwanted or repetitive content;
ix) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
x) contains financial, legal, medical or other professional advice.
d) You are solely responsible for Contributions that you transmit or post on the Website, or otherwise transmit to any member of the Website by any other means.
e) We are not responsible for, and accept no liability with respect to, any Contributions transmitted or posted on the Website, or otherwise transmitted to any member of the Website by any other means, by any person.
f) Without limiting your responsibilities under the Conditions, we reserve the right to modify and/or remove any Contributions that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person.
g) We do not make any representations or warranties as to the accuracy, reliability or completeness of any Contributions posted or transmitted on the Website, or otherwise transmitted to any other member of the Website by any other means, by any person.
h) We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Contributions posted or transmitted on the Website, or otherwise transmitted to any other member of the Website by any other means.
6.1. No guarantees as to security of your information
While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on our systems or on the Website and accordingly we disclaim all liability to you to the greatest extent possible pursuant to law should this occur.
6.2 Your responsibility for your password and login
a) To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name.
b) You agree to immediately notify us of any unauthorized use of your login name or any other breach of security known to you.
7. Liability & Indemnity
7.1. No guarantees as to service
a) We give no warranty to you that the services generally available through the Website will be uninterrupted or error-free or that defects in the service will be corrected.
b) You also understand that we cannot and do not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.
c) You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
7.2. Limitation of Liability
a) You acknowledge that you use the Website at your own risk.
b) We are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Website, or any other members' use of or conduct in connection with the Website, in any circumstance.
c) To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Conditions, might apply in relation to your use of the Website.
d) To the extent that our liability cannot be excluded by law our liability will be limited, at our option, to:
i) in the case of services supplied or offered by us:
A) the re-supply of those services; or
B) the payment of the cost of having those services re-supplied; and
ii) in the case of goods supplied or offered by us:
A) the replacement of the goods or the supply of equivalent goods;
B) the repair of the goods;
C) the payment of the cost of having the goods replaced; or
D) the payment of the cost of having the goods repaired.
e) In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Conditions.
8. Third party sites
a) We provide links and pointers to Internet sites maintained by third parties and you acknowledge and agree that:
i) such linked sites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site;
ii) we provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site; and
iii) we are not responsible for the copyright compliance of any linked site.
b) We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
9.2. No waiver
A failure to exercise a right or power or enforce a remedy fully or at a particular time, does not prevent completing the exercise or enforcement later or starting to exercise or enforce it later.
9.3. Applicable law
Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.