The Legal Stuff
This Website (referred to in these
Terms and Conditions of Use as the
“site”) is operated by
Direct Retail Media Pty Ltd ABN
43 608 271 969.
The Website is available for you to conditional upon your acceptance of the Terms
and Conditions of use set out below.
1.Definitions
"Agreement" means these Terms and Conditions and the order placed by you for a Product or
Service.
"Content" means all information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials
posted to the site by you.
"
REIM" refers to Direct Retail Media Pty Ltd Pty Ltd (ABN 43 608 271 969), which operates the
site.
"
the site" refers to www.realestateinmotion.com.au.
"
Product or Service" means any product or service that is offered by REIM.
"
You", "your" or "the client" refers to you as the user of the Service.
2. Terms and Conditions of Use
These are terms and conditions of the legal agreement between you and Real Estate
In Motion Pty Ltd on its behalf
and on behalf of its subsidiaries
and affiliates (to be referred
hereafter as "REIM"). By accessing, browsing and/or using this site, you acknowledge that you have
read, understood and agree to all
terms, conditions and notices contained
in or referenced by these Terms
and Conditions of Use. You further
agree to be governed by any additional
terms and conditions that may apply
to you arising out your accessing,
browsing and/or using of this site,
whether contained on this site
or in a separate agreement with
REIM. In the event of any conflict
between these Terms and Conditions
of Use and any such additional
terms and conditions, such additional
terms and conditions shall prevail.
REIM reserves the right, in its
discretion, to update or revise
these Terms and Conditions of Use
and to post such updated or revised
Terms and Conditions of Use on
this site.
If you do not agree to these Terms and Conditions of Use, please do not use this site. These Terms and Conditions of Use may vary and modify from time-to-time. Please review the Terms and Conditions of Use periodically for changes. If you continue to use of this site after variations to the Terms and Conditions of
Use you are deemed to accept those variations.
3. Privacy Policy
From time to time, you may be requested to provide REIM with personal information.
Such personal information is subject to REIM's Privacy Policy.
Real Estate In Motion Pty Ltd and its subsidiaries and affiliates
("REIM") are committed to protecting your privacy. This Privacy Policy sets out REIM's
policy with respect to our collection, use, and disclosure of personal
information.
This Privacy Policy explains in general terms how REIM protects the collection
and use of your personal information that you supply to us while
accessing, browsing and/or using this site.
This Privacy Policy will also apply to any information about you that is provided
to us by someone else such as a real estate agent.
REIM reserves the right in its absolute discretion, to vary or remove part of
this Privacy Policy at any time and without notice to you.
So far as possible it is REIM’s intention that this Privacy Policy is designed
to protect your personal information from being dealt with in way
that is inconsistent with applicable privacy laws in Australia.
Whilst REIM will take reasonable commercial efforts to ensure that
they comply with the REIM Privacy Policy, REIM will have no liability
to you if REIM or any person fails to do so.
Please review the Privacy Policy from time-to-time for changes, variations, additions
and deletions. If you continue to use of this site after changes,
variations, additions and deletions to the Privacy Policy you are
deemed to accept the Policy.
Information Collected
The types of personal information
that we collect from you will
depend on the circumstances
of collection and on the type of service you request from us. As
we are required by law to
obtain your consent to the
collection of private information
we will assume that you have
consented to the collection and use
of all information which is
provided to us in accordance with this Privacy Policy.
How REIM Collects Information
REIM may collect personal information about you when you deal with REIM over
the telephone, send correspondence (whether by letter, fax or email),
visit REIM site or when you have contact with REIM in person. As
well as collecting information directly from you, there may be
occasions when REIM collect information about you from a third
party.
REIM also may use "cookies" from time to time to help personalise your online experience with us. A cookie
is a small text file that is stored on your computer to help us
make your visit to our site more "user friendly". Cookies provide us with information about your use of the site that can help
us improve the site and your experience with it.
REIM may also contract independent internet research companies to measure and
analyse the internet usage across the site, including but not limited
to:
The number of page views (or page impressions) that occur on the site;
The number of unique browsers
to our site;
How long these unique browsers
(on average) spend on our
site when visiting; and
Entry and exit points into
our site.
How REIM Will Use Your
Personal Information
Personal information
that you submit when
accessing and using this site is
used only for the
purpose for which it is submitted or for such
other purposes that
are related to that purpose, unless disclosed otherwise.
Any information provided
to a real estate agent
through this site
will be passed onto the real estate agent.
Your information will
also be shared between
related companies in the REIM
Group where and as necessary.
Some of the personal
information we collect is essential
for us to be able to
accurately identify who is using
the service. Other types
of personal information we collect help us to profile
who is using our services
and what their interests
are.
Disclosure of Private Information to Third Parties
REIM may disclose your personal
information to third parties,
for example, to real estate agents and data processing companies
(including operators of global
distribution systems and payment
clearing houses) for the purpose for which the information
was collected or for related purposes,
for example to complete a
transaction on your behalf or provide you with a service that
you requested.
REIM may engage third parties
to perform services which
involves the third party handling personal information we hold
about
you. For example, REIM engage
third party contractors to:
Provide email and mail handling
services;
Provide electronic funds
transfer services, credit
card account processing and related services;
Operate call centres;
Collect commissions payable
to us;
Process bookings made
via this site or
other REIM site;
Conduct market research;
Provide information
technology services
such as data storage,
software and system
development and maintenance;
Assist with obtaining
payment from
creditors.
If REIM engage
third parties,
REIM will prohibit the third
party from using
personal information
about you except for the primary
purpose for
which your personal information was supplied.
Other than the
set out above,
REIM will
not disclose your personal
information
without your consent unless disclosure is
authorised
or required by law, reasonably necessary to enforce the
law or necessary
to investigate
any suspected
illegal or unlawful activity.
Access & Correction of Personal Information About You
REIM will deal with your request
to provide access to this
information in a reasonable time.
REIM welcomes your comments
regarding this Privacy Policy.
If you believe that we have
not complied with this Policy
or if you wish to review or
edit your personal information, please contact
us by e-mail at info@realestateinmotion.com.au,
and we will use reasonable
commercial efforts to address
any concerns that you may
have.
REIM will, if commercially
viable, provide you with
access to the information we hold about
you.
REIM may recover
from you reasonable costs
of supplying you with access to this information.
REIM will try to take
all reasonable steps
to keep secure any information
which we hold about
you, and to keep this information accurate and up to date.
If, at any time, you
discover that information held about you is incorrect,
you may contact us to
have the information
corrected.
REIM take reasonable
steps to ensure that your personal
information is accurate,
complete, and up-to-date.
If you discover that personal information
that REIM holds about
you is incorrect, you may contact REIM to
have your personal information
corrected.
4. Third Party Information and Links
This site may contain links to
third party Websites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of
REIM, and REIM is not responsible
for the contents of any Linked Site or Third Party Information,
including without limitation
the accuracy, copyright compliance,
legality, decency, links or any other aspect of the Linked Sites.
REIM is not responsible
for any form of transmission
received from any Linked Site nor is REIM responsible if the
Linked Site is not working appropriately.
REIM provides such links and
information to you only as a convenience. You are responsible
for viewing and abiding by the privacy policies
and terms and conditions of use
posted at the Linked Sites.
Any dealings with third parties conducted through the site or Linked Sites, including
the delivery of and the
payment for goods and services, and any
other terms, conditions, warranties
or representations associated with
such dealings, are solely between
you and the third party.
REIM shall not be responsible
or liable for any part
of any
such dealings.
5. Your Use Obligations
In consideration of your use of
any services provided on the site, you agree to:
(a) provide true, accurate,
current and complete information
about yourself where prompted
by the site (such information being the "Personal Information") and
(b) maintain and promptly update
the Personal Information to keep
it true, accurate, current and
complete.
If you provide any information
that is untrue, inaccurate, not
current or incomplete, or REIM
has reasonable grounds to suspect
that such information is untrue,
inaccurate, not current or incomplete,
REIM has the right to suspend
or terminate any services provided
to you by REIM and refuse any
and all current or future use
of REIM services (or any part
thereof).
You are responsible for all activities
undertaken by you using any service
provided by REIM, including, without
limitation, access to materials
on the Internet (whether at a
password protected site or not)
and use of email. All such activities
are at your own risk. You shall
not use, nor permit others to use, this site or any
REIM services provided through
this site in a manner or for a
purpose contrary to these Terms and Conditions of Use. In the
event that you access other networks
or computing resources, you agree
to abide by their respective usage
policies. You are responsible
for all activities that occur
under your password or account,
and will keep your password(s)
confidential. You will immediately
notify us of any UNAUTHORISED
use of your password or account
or any other breach of security.
You will not disrupt the functioning of the site, solicit another
user's password, or otherwise
act in a way that interferes with
other users' use of the site. Nor may you post or distribute any
computer program that damages,
detrimentally interferes with,
intercepts, or expropriates any
system, data, or personal information.
Services provided by REIM are
not intended for use by children.
In the event that you, as a legal
guardian, wish to allow your child
to use this site and/or any REIM
services, you acknowledge that
your child will have permission
to access this entire site and
any REIM services, including without limitation email. You further
acknowledge that, as the legal
guardian, it is your responsibility
to determine whether use of the
REIM services and/or Content transmitted
through the REIM services is appropriate
for your child.
REIM does not claim ownership
of the Content. However, by posting,
uploading, inputting, providing
or submitting any such Content,
you are granting REIM and any
necessary sub-licensees permission
to use your submitted Content
in connection with the operation
of its business, including, without
limitation, the rights to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate
and reformat your submitted Content;
and to publish your name and any
contact information you approve
of in connection with your submitted
Content. No compensation will
be paid with respect to the use
by REIM of your submitted Content, as provided herein. REIM
is under no obligation to post
or use any Content you may provide
and REIM may remove any such Content
at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Content you
warrant and represent that you own or otherwise control all of
the rights to
your Content as described in this
section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Content.
Notwithstanding the foregoing, any suggestions,
improvements or modifications
to REIM products and services ("Enhancements") made by you or anyone acting on your behalf, including your employees, will
be the property of REIM without
any further consideration to you,
whether or not such Enhancements are incorporated into REIM products
and services.
6. Prohibited Uses
You may not use this site and/or
REIM services in any manner
which could damage, disable, overburden, or impair this site
and/or any REIM services (or the network(s)
connected to such site or services)
or interfere with any other party's use and enjoyment of this
site and/or REIM services.
You may not attempt to gain
unauthorised access to this site and/or any REIM service, other
accounts, computer systems or
networks connected to this site,
through hacking, password mining or any other means. You may
not obtain or attempt to obtain any
Content through any means not
intentionally made available to you through this site.
This site may contain e-mail
services and/or other message
or communication facilities designed to enable
you to communicate with others
(collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive
Content that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation,
you agree that when using the site, you will not:
Use the site in connection with
surveys, contests, pyramid schemes,
chain letters, junk email, spamming
or any duplicative or unsolicited
messages (commercial or otherwise).
Defame, abuse, harass, stalk,
threaten or otherwise violate
the legal rights (such as rights
of privacy and publicity) of others.
Publish, post, upload, distribute
or disseminate any inappropriate,
profane, defamatory, infringing,
obscene, indecent or unlawful
topic, name, Content.
Upload, post, email, transmit
or otherwise make available any
Content that you do not have a
right to make available under
any law or under contractual or
fiduciary relationships (such
as software protected by intellectual
property laws, inside information, proprietary
and confidential information
learned or disclosed as part of
employment relationships or under
nondisclosure agreements).
Upload, post, email, transmit
or otherwise make available any
Content that contains software
viruses or any other computer
code, files or programs designed
to interrupt, destroy or limit
the functionality of any computer
software or hardware or telecommunications
equipment, including without limitation, Trojan horses,
worms, time bombs, cancelbots
or corrupted files.
Post, publish, modify, transmit,
reproduce, or distribute in any
way, information, software or
other Content designed for compromising
the security of the Communication
Services, our network or telecommunication
services.
Advertise or offer to sell or
buy any goods or services for
any business purpose, unless such
Communication Service specifically
allows such messages.
Download any file posted by another
user of the site that you know,
or reasonably should know, cannot
be legally distributed in such
manner.
Falsify or delete any email headers,
author attributions, legal or
other proper notices or proprietary
designations or labels of the
origin or source of email, software
or other Content in order to disguise
the origin of such email, software
or Content.
Restrict or inhibit any other
user from using and enjoying the
Communication Services, or create
an unusually large burden on the
Communication Services, such as
by generating levels of traffic
sufficient to impede others' ability
to send or retrieve information.
Violate any code of conduct or
other guidelines which may be
applicable for any particular
Communication Service.
Harvest or otherwise collect information
about others, including e-mail
addresses, without prior written
authorisation from such owners
of such information.
Resell any of the Communication
Services or use the Communication
Services other than for your own
personal purposes. Without limiting
the foregoing, you agree that
you will not use the Communication
Services to provide Internet access
or any other feature of the Communication
Services to any
third party.
Violate any applicable laws or
regulations.
Impersonate any person or entity,
or falsely state or otherwise
misrepresent your affiliation
with a person or entity, or create
a false identity to mislead others.
REIM has no obligation to monitor
the site. However, REIM reserves
the right to review Content posted
to or sent through the site and
to remove any Content in its sole
discretion. REIM further reserves
the right to terminate your access
to any or all of the Communication
Services and this site at any
time, without notice, for any
reason whatsoever.
REIM reserves the right at all
times to disclose any information
as REIM deems necessary to satisfy
any applicable law, regulation,
legal process or governmental
request, or to edit, refuse to
post or to remove any Content,
in whole or in part, in REIM's
sole discretion.
Always use caution when giving
out any personally identifying
information about yourself or
your children in the site. REIM
does not control or endorse the
content, messages or information
found in the site and, therefore,
REIM specifically disclaims any
liability with regard to the Communication
Services and any actions resulting
from your participation in the
site.
Content uploaded to the site may
be subject to posted limitations
on usage, reproduction, dissemination
or other requirements. You are
responsible for adhering to such
limitations if you download the
Content.
All information, data, text, software,
music, sound, photographs, graphics,
video, messages, or other materials
("Content") posted to the site by any users are the sole responsibility of those users.
REIM does not guarantee the accuracy,
copyright compliance, legality,
integrity, quality, or decency of such Content. Posting your name,
contact information, and any personal
information in the site places that
information into a public forum
.
7. Personal and Non-Commercial Use
Unless otherwise specified, the
services provided on this site
are for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display,
perform, reproduce, publish,
license, create derivative works from, transfer, or sell any
information, software, products or
services obtained from this
site.
8. International Use
As this site may be accessed
globally, if you choose to access
this site from locations other
than Australia, you do so on your own initiative
and you are responsible for
compliance with all applicable
local use controls, laws and regulations, including
those relating to the transmission
of data exported from or imported
to the country in which you live.
Notwithstanding the foregoing, REIM makes no representation that
Content on this site are appropriate
or available for use in
locations outside Australia,
as applicable, and accessing them
from territories
where their contents are illegal
is prohibited.
9. Downloads
All Content and software (if
any) that is made available
to view and/or download in connection
with the site, ("Software") is owned by and is the copyrighted work of REIM and/or its suppliers and is
protected by copyright laws. You
may not install or use any Software that is accompanied by or
includes a license agreement (if any)
unless you first agree to the
license agreement terms.
The site may contain links to
sites of third parties for the
download of software. Your use
of the third party software
is governed by the terms of the
software license agreement
of that third party, if any.
You further agree that you
will not download any content
or software without complying with all applicable
use controls, laws and regulations,
and you warrant that you will
not download any content or
software where such downloading
is prohibited by local laws.
10. Use of Email Services
You agree that REIM may establish
limits concerning use of any
services (including email services) offered on this site, including
without limitation, the maximum
number of days that e-mail
messages will be retained by the service, the maximum number
of e-mail messages that may be sent from or
received by an account on
the service, the maximum size of an e-mail message that may
be sent from or received by an account
on the service, the maximum
disk space that will be allotted on REIM's servers on your
behalf, and the maximum number of times
and duration you may access
the service in a given period of time.
You agree that REIM has no
responsibility or liability
for the deletion, corruption or failure to store any
messages or other content
maintained or transmitted by the service. You acknowledge that
REIM reserves
the right to delete accounts
without notice to you that
are inactive for an extended period of time.
REIM MAKES NO WARRANTY THAT
ANY SERVICE WILL BE AVAILABLE,
UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE.
In addition to the terms
and conditions set out
herein, you agree that you: (a)
will not continue to
send commercial email to a recipient if recipient has requested
that you discontinue such
communication; (b) will
not forward
or propagate
chain letters of any type
(including charity requests
or petitions for signatures),
whether or not the recipient wishes to
receive such mailings;
(c) will not intentionally flood a user,
server, account or site
with large or numerous
email messages; and (d) will not forge header information.
REIM prohibits the use
of accounts or network
connections, to collect replies of
messages sent from any
another provider that violates these terms and
conditions of use or
those of the originating provider.
11. Purchases and Refund Policy
By making any purchase from
REIM through this site,
you agree to abide and be bound by the terms and conditions of
REIM's Terms and Conditions
of Purchase, as applicable,
along with any other terms and conditions that you agree to in
the course of making
your purchase. You further
agree that you will not make any purchase from this site without
complying with all
applicable laws and regulations,
and you warrant that you will not make any purchases through
this site where such
purchase is prohibited
by local laws. You acknowledge that all purchases made by you
through this site are for your
internal or personal use
only, and are not for resale or export.
In the unlikely event
that you require a cancellation of your purchase contract
made
through this site, you must
provide REIM with a written notice of such cancellation
within: (a) thirty (30) days of entering
into your purchase contract
or (b) five (5) days of receipt of the goods or services
purchased through this site, whichever
first occurs.
12. Disclaimer of Warranties
ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, SERVICES
AND OTHER CONTENT CONTAINED
IN THIS SITE, OR OBTAINED FROM
A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. REIM HAS MADE
REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION
ON THIS SITE; HOWEVER, REIM ASSUMES NO RESPONSIBILITY FOR
ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION
PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL REIM BE
LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON
INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY
AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU.
13. Limitation of Liability
YOU SPECIFICALLY AGREE THAT
REIM SHALL NOT BE RESPONSIBLE
FOR UNAUTHORISED ACCESS
TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED
INTO
THROUGH THIS SITE. YOU SPECIFICALLY
AGREE THAT REIM IS NOT RESPONSIBLE
OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT REIM IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING
THE COMMUNICATION SERVICES
AND/OR INCLUDED IN THIS
SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL REIM BE
LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, PUNITIVE
OR CONSEQUENTIAL DAMAGES
OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE,
(INCLUDING WITHOUT LIMITATION,
THOSE RESULTING FROM: (1)
RELIANCE ON THE MATERIALS
PRESENTED, (2) COSTS OF
REPLACEMENT GOODS, (3) LOSS
OF USE, DATA OR PROFITS,
(4) DELAYS OR BUSINESS INTERRUPTIONS,
(5) AND ANY THEORY OF LIABILITY)
ARISING OUT OF OR IN CONNECTION
WITH THE USE OF, OR INABILITY
TO USE THIS SITE, WHETHER
OR NOT REIM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY
TO YOU.
14. Indemnification
Upon reasonable request
by REIM, you agree to defend,
indemnify, and hold harmless
REIM and its employees,
contractors, officers, and
directors from all liabilities,
claims, and expenses, including
attorney's fees, that arise
from your use or misuse
of this site, including
without limitation content
sent or posted by you through
the Communication Services,
your connection to this
site and/or REIM services,
your non-compliance with these
terms and conditions of use, or
your violation of any third-party rights. REIM
reserves the right, at it's own
expense, to assume the exclusive
defence and control of any
matter otherwise subject
to indemnification by you,
in which event you will
cooperate with REIM in asserting any available
defences.
15. Content Submitted to
REIM by You
By posting, uploading, inputting,
providing or submitting
any information to this
site, you consent to REIM's
collection of such information,
and you grant REIM, its
affiliated companies and
necessary sub-licensees
permission to use such submitted
information in connection
with the operation of this
site and its business, including,
without limitation, the
worldwide, royalty-free
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce,
edit, translate
and reformat your submitted
information; and to publish
your name any contact information
you approve of in connection with your submitted information.
You warrant and represent
that you own or otherwise
control all of the rights
to any information submitted
by you to REIM through this site or otherwise,
including, without limitation,
all the rights necessary
for you to provide, post,
upload, input or submit
your submitted information.
No compensation will be
paid with respect to the
use of your submitted information. REIM is under
no obligation to post or
use any information you
may provide and REIM may remove any such information at
any time in its sole discretion.
For greater certainty, REIM
does not claim ownership to any information that you may provide to REIM, unless otherwise expressly provided. Notwithstanding
the foregoing, any Enhancements
made by you or anyone acting
on your behalf, including
your employees, will be
the property of REIM without any further
consideration to you, whether
or not such Enhancements
are incorporated into REIM
products and services.
In the event that you submit
personal information to
REIM in confidence through
this site, you consent to
the collection, processing,
transmission and disclosure
of such information by REIM
for the purposes of REIM
internal use and specifically
the purposes set out on
the web page requesting
such information or in REIM's
Privacy Policy. REIM will
make commercially reasonable
efforts to keep such personal information
confidential, and shall
not disclose such personal
information to any third
party except: (a) in confidence and to
facilitate the provision
of products and services
to you, (b) to the extent
required by law, or (c)
in accordance with REIM's
Privacy Policy.
16. Intellectual Property Rights
The Content contained on this
site is protected by copyright.
You may use this site only for your personal and non-commercial
purposes. Except to the extent
permitted by relevant copyright
legislation, you must not use, copy, modify, transmit, store,
publish or distribute the Content
on the site, or create any
other Content using Content on the site, without obtaining
the prior written consent of REIM.
Trade marks (whether registered
or unregistered) and logos
must not be used or modified
in any way without obtaining the prior
written consent of REIM.
The web site, products,
technology and processes
contained in this web site
may be the subject of other intellectual
property rights owned by
REIM or by third parties. No licence is granted in
respect of those intellectual
property rights other than as
set out in these Terms. Your use
of this site must not in any way
infringe the intellectual property
rights of any person.
17. Modifications to Services
Provided
REIM reserves the right
at any time and from
time to time to modify or discontinue, temporarily
or permanently, any
services (including email services)
provided through this
site (or any part
thereof) with or without
notice, or in accordance
with the terms of your
separate written agreement with REIM. You agree that
REIM
shall not be liable
to you or to any third party for
any modification, suspension
or discontinuance of
such services.
18. Violation of Terms
and Conditions of
Use and Termination
Where feasible (in
REIM's sole discretion),
REIM will advise you of
any inappropriate
behaviour on your part and any necessary corrective action.
However,
if this site or
any
REIM services
are used in a way
in which REIM, in
its sole discretion, deems to violate these
terms and conditions
of use, REIM or
its agent may take any responsible actions
they deem appropriate.
Such action may include, but is not limited
to, temporary or
permanent removal of content, filtering
of Internet transmissions
and the immediate
suspension or termination
of all or any portion of the
Communication Services
(including email
services). REIM shall not be liable in any way for any
such
responsive actions.
The above-described
actions are not
REIM's exclusive remedies and REIM may
take any other legal,
equitable or technical
action it deems
appropriate.
REIM reserves the
right to investigate
suspected violations
of these terms and conditions
of use. You hereby
authorise REIM
to cooperate with (1) law enforcement authorities
in the investigation
of suspected criminal
violations and
(2) system administrators
at Internet service
providers, networks
or computing facilities
in order to enforce these
terms and conditions
of use. Such cooperation may include REIM
providing the
username, IP address, or other identifying
information about
you. Upon termination
of any account you may have
with REIM, you
authorise REIM to delete any
files, programs,
data and email
messages associated with such account.
Notwithstanding
the foregoing,
REIM reserves
the right, in its sole discretion,
to terminate
your access to this site and REIM services
or any portion
thereof, for any reason without notice.
19. Notice
All demands, notices, communications
and reports required under these
terms and conditions of use, including any notice of infringement
of your copyright, shall
be in writing and shall be either
sent by facsimile transmission with confirmation to the number
specified below or personally
delivered or sent by reputable
overnight courier services (delivery charges prepaid) to REIM
at the address specified below:
Real Estate In Motion Pty Ltd
Suite 3, 56 King Street, St.
Marys, New South Wales 2760
Fax: +61 2 9673 1726
20. General Provisions
This agreement is governed by
the laws of the State of New South
Wales, Australia, without regard
to conflict of laws provisions,
and you agree to submit to the
exclusive jurisdiction of the courts located in the State of
New South Wales, Australia.
The parties expressly agree
that neither the United Nations
Convention on Contracts for
the International Sale of Goods nor the Uniform
Computer Information Transactions
Act shall apply to these terms
and conditions of use or to any contracts relating to goods or
services obtained through this
site. No joint venture, partnership,
employment, or agency relationship
exists between you and REIM as
a result of this agreement or
use
of this site and/or REIM services.
REIM's performance of this agreement
is subject to existing laws
and legal process, and nothing
contained in this agreement is
in derogation of REIM's right
to comply with governmental,
court and law enforcement
requests or requirements relating
to your use of this site, REIM
services or information provided to or gathered by REIM with
respect to such use. If any
part of this agreement is determined
to be invalid or unenforceable
pursuant to applicable law including,
but not limited to, the warranty
disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and REIM with respect
to this site and REIM services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and REIM with respect to this site and REIM services.
A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
It is the express will of the parties that this agreement and all
related documents have been drawn up in English
.
21. REIM's Terms and Conditions
of Purchase
This Website (referred to in these
Terms and Conditions of Use as
the “site”) is owned and operated
by Real Estate in Motion Pty Ltd
ACN 126 636 806 (referred herein
as “REIM”).
REIM offers various Products or
Services as set out in the Products & Services page in the site. Your purchase of any products and services is governed
by the REIM's Terms and Conditions of Purchase set out below.
Purchasing any Product or Service
from this site will mean you accept
the REIM Terms and Conditions
of Purchase.
REIM offer a number of different
Products or Services that vary
in terms of price and services
included. You may subscribe
to any of these packages but switching,
or addition of special conditions
to, packages is at our sole
discretion.
The fees for each Product or
Service are as set out in
the site or in your Order Form.
REIM does not charge any surcharge
for payment by Visa Card
or Mastercard.
REIM reserve the right to
amend the Terms and Conditions
of Purchase, including
fees, at any time. REIM will endeavour
to give written notice
of any changes to fees. Your continued use of the
Service will constitute
your acceptance of the
change.
Applicable Currency
All prices and charges quoted
are in Australian dollars.
GST
If your product or service is
provided within Australia, then
the price will include the Australian
Goods and Services Tax (GST), which is currently at ten per cent
(10%).
If your delivery address is outside
Australia, then your purchase
is not subject to GST.
Orders and Payment
You will need to complete a separate
payment for each transaction.
Once you have placed your order
you will receive a confirmation
page that you can print for your
own records.
Product or Service Purchase
Subject to availability of the
Products or Services, REIM will
accept your order when your credit
card payment has been approved.
REIM will inform you by e-mail
if your credit card payment is
not successful.
You must provide details of an
acceptable credit card sufficient
to make online payments. By providing
your credit card details, you
irrevocably authorise us to process
your transaction.
Credit cards accepted are Visa
and MasterCard only.
Returns and Refunds
Products or Services purchased
on the site are sold in accordance
with the examples of each Product
or Service (please refer to Products
and Services page of the site).
Production services such as video
slideshow creation, voiceovers,
video production will be subject
to variation, however, REIM will
always endeavour to produce the
best quality work to the standard
and format used in the examples shown on the site.
The onus is on you to inspect
samples of the Products or Services
provided in the Site and select
the appropriate Product or Service
before payment is made.
You shall not be entitled to any
refund whatsoever in relation
to the Product or Service bought
on the site either in part or
in full.
REIM’s return and refund policy
shall apply even if the site shall
be down for any period of time.
Security
Orders are processed through a
Secure Socket Layer (SSL) using
encryption to protect your credit
card and other details. REIM makes no warranty
in respect of the strength or
effectiveness of that encryption
and REIM is not responsible for
events arising from unauthorised
access of the information you
provide.
Customer Enquiries
For any enquiries, please send
an e-mail to info@realestateinmotion.com.au .
Feedback
If you wish to make any comments
or suggestions, please e-mail
at feedback@realestateinmotion.com.au
Disclaimers and Limitation
of Liability
Under Division 2 of Part
V of the Trade Practices
Act 1974 (Cth) and the Fair Trading
Acts (and Consumer Affairs
and Fair Trading Acts)
of Australian states and territories, certain
warranties and conditions
('Implied Terms') are implied into contracts
for the supply of goods
or services if the goods
or services are of a kind ordinarily acquired
for personal, domestic
or household use or consumption. Liability
for breach of those Implied
Terms cannot be excluded
or limited. Notwithstanding
any other provision of these Terms, the limitations
and exclusions of liability
in these Terms do not
apply to the Implied Terms.
Except for the Implied
Terms or where to do
so would cause any part of these
Terms to be illegal,
void or unenforceable, REIM:
Excludes all conditions
and warranties implied
into these Terms;
To the fullest extent
permitted by applicable
law, is not liable
to you or anyone
else for any loss or damage, however caused
(including through
negligence), which may be directly or indirectly suffered,
in connection with
use of this web
site, the use of the REIM
site or any product
purchased
from the REIM site;
and
Excludes liability
(whether that
liability arises under contract, tort
(including negligence),
statute or otherwise)
for any special,
indirect or consequential loss or damage (including
without limitation
loss of revenue and loss
of, or damage
to, data) suffered or incurred in connection with this web
site,
the REIM
site or any product
purchased from
the REIM site.
Governing Law
These Terms and
Conditions
are governed by
and must be construed in accordance
with the laws
of New South Wales, Australia.
You accept that any disputes
will be determined by courts
having jurisdiction in New South
Wales, Australia.
Privacy Notice
REIM collects
information
about you
when you make payments on
the REIM site. The
information collected will
be subject to REIM’s Privacy
Policy.