The following are the standard terms and conditions (“Terms and Conditions”) that apply to your use of the Service. Receipt of an Order Form that you have signed or otherwise indicated your agreement to, will constitute your acceptance of the Terms and Conditions. Please read the Terms and Conditions in conjunction with your Order Form, and any other document provided to you at the time of signing or otherwise indicating your agreement to the Order Form.
1. Defined terms
“Agreement” means these Terms and Conditions (as may be varied from time to time – see clauses 3.2 and 9.1), your Order Form and, where applicable, any credit application you have submitted and the terms and conditions of such credit application.
“Order Form” means the form specifying your subscription details for the Service.
“Our web site” refers to the web site located at the URL “www.cretebay.com/”.
“Real Estate Office” means a physical office that falls within one or more of categories (a), (b) or (c) below: (a) the office is appointed as selling agent in any agency agreement or other authority to sell in relation to a property listing on our web site; or
(b) a property listing on our web site directs enquiries to, or contains any contact details for, the office (even if the listing also directs enquiries to or contains contact details for another office or offices); or
(c) one or more real estate agents operate from or report into the office from time to time (even if it is not the principal office they operate from or report to) and either:
(i) such agent(s) is appointed as selling agent in an agency agreement or other authority to sell in relation to a property listing on our web site; or
(ii) a property listing on our web site directs enquiries to, or contains any contact details, for such agent (even if the listing also directs enquiries to or contains contact details for another agent or agents).
For the avoidance of doubt:
(a) it is acknowledged that one office in a real estate agency group may be a corporate head office that performs a purely administrative function for the remainder of the group. Such a head office will not be a Real Estate Office for the purposes of these terms, provided it does not fall within any of the categories (a), (b) or (c) above; and
(b) offices regarded as “Satellite offices” will be Real Estate Offices for the purposes of these terms if one or more of (a), (b) or (c) above apply.
“Service” may include any of the following or a combination thereof: (a) a process that will facilitate you uploading property details (including images) to either:
(i) the extensive property search engine accessible on our web site; or
(ii) another internet site of your choice that has been approved by us in writing;
(b) the products described in these Terms and Conditions;
(c) having your properties featured on our web site;
(d) any associated or ancillary service we agree in writing to provide to you.
“Term” means any Initial Term or Further Term of this Agreement.
“We”, “our”, “us” refer tohttp://realestate.cretebay.com/ AirNode Networks Ltd, which operates the web site located at the URL www.cretebay.com/ (among other websites), and its subsidiaries, employees, officers, agents, affiliates or assigned parties.
“You”, “your” or “the client” refer to you as the user of the Service.
2. Your obligations and acknowledgements
2.1 You acknowledge and agree that each Real Estate Office in a real estate agency group must have a subscription to the Service.
2.2 You represent and warrant in respect of each property you list on our web site that: (a) you are the holder of a current real estate agent’s licence in the State(s) or Territory to which your use of the Service relates;
(b) you have a signed authority to sell from the owner or vendor (such as an Agency Agreement or Authority to Sell); and
(c) you are authorised to make available the material uploaded or submitted to use the Service;
(d) you will not allow another Real Estate Office in your real estate group to list the property using your subscription. Where a proprietor of a property authorises multiple Real Estate Offices in your real estate group to list a property you acknowledge that:
(i) this does not entitle you to authorise any other person (including, without limitation, any associated offices in your real estate group) to make use of the one subscription; and
(ii) any such conduct is in breach of these Terms and Conditions.
2.3 You must: (a) comply with our Acceptable Use Policy;
(b) only advertise properties that are currently available for purchase or lease within the States or Territories in which you hold a current real estate agent’s licence;
(c) only upload properties to our web site directly, or through a third party provider who has agreed to comply with our terms and conditions for uploading properties to our web site;
(d) within 72 hours of a sale or leasing contract being entered into for a property, either mark the property as “under contract”, transfer the property to the sold database or remove that property from our web site;
(e) when requested by us to update your listings, you must extend the listing for a further period, transfer the property to the sold database, withdraw the listing or otherwise comply with any direction we give to ensure our web site is up-to-date. We may remove any property from our web site if the listing is not extended, transferred to the sold database, withdrawn or otherwise updated. However it is your responsibility to remove all inactive or sold properties from the active database;
(f) ensure that material you upload through use of the Service is not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction;
(g) ensure that you do not make, arrange or authorise the insertion of any reference to us or our web site in any document (including promotional or merchandising material) or on any web site other than our web site without our prior written consent;
(h) abide by any applicable Code of Practice (including privacy and advertising codes) issued by your local Internet Industry Association;
(i) comply with any guidelines and codes issued by your local and national Real Estate Institute;
(j) comply with all applicable laws, including without limitation, the Competition and Consumer Act 2010 (Cth); local fair trading legislation; real estate agent legislation and regulations (including rules governing the disclosure, retention and payment of any rebates or benefits); and any other applicable advertising standards and regulations;
(k) ensure that:
(i) your username and password for accessing the Service are kept secure at all times and are only disclosed to persons authorised to incur charges on your behalf. However you are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use;
(ii) material submitted through the Service by you refers only to listing details of a particular property;
(iii) the listing details for a particular property through the Service are only listed by you (or any associated offices or other agents in your real estate group) once; and
(iv) any reference to material other than listing details for a property must receive our written approval prior to being submitted through the Service; and
(l) ensure that no other person, authorised or otherwise, makes use of your subscription to the Service in breach of these Terms and Conditions. However you are responsible for any use of the Service using your subscription by any person (whether authorised or otherwise) and, without limitation, you must pay any charges incurred as a result of that use.
(b) by using the Service, you grant us an irrevocable, world-wide, royalty free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Service;
(c) we are not under any obligation to monitor or censor the material uploaded by you that appears on our web site. However we reserve the right to do so and to take any action we deem appropriate (including removing material from our web site without notice);
(d) we are not responsible for the Service’s content or for any errors or omissions in any property data provided by or on behalf of you;
(e) we cannot guarantee the continuous or fault-free operation of the Service; systems or technological failure may impede or prevent access to all or any part of the property data and transmission of data over the internet can be subject to errors and delays;
(f) you are responsible for and must pay the cost of all telecommunications and internet access charges incurred when using our web site, whether or not such access has been arranged by us;
(g) you are responsible for the security and integrity of your data;
(h) a residential subscription to the Service provides you with the ability to list only residential properties and premises;
(i) our products (including, without limitation, eBrochure, Feature Property, Feature Agent, Agent Banner Advertising, Exclusive Agent Showcase, Highlight Property, Premiere Property, Suburb Profile Sponsorship and Email Alert Strip Ads) are subject to change, development and discontinuation. We will endeavour to notify you when this happens;
2.5 You may provide us your vendors’ contact details for the purpose of us contacting vendors regarding the marketing of their property (for example, regarding the upgrading their listing onhttp://realestate.cretebay.com/). You are under no obligation to provide us with any vendor’s contact details.
2.6 If you do choose to provide us with a vendor’s contacts details, you warrant and represent to us that:
(a) the vendor’s contact details will not contain personal information (as defined in the Privacy Act 1988 (Cth)); or
(b) where the vendor’s contact details do contain personal information (as defined in the Privacy Act 1988 (Cth)):
(i) before providing the details, you have informed the vendor that you may disclose their details to third party advertisers and that those third party advertisers may contact them regarding the marketing of their property; and
(ii)you have not breached any regulatory or contractual obligations in providing the details.
3.1 Unless otherwise stated in your Order Form, this Agreement shall have an Initial Term of twelve (12) months from the Contract Start Date specified on your Order Form.
3.2 Following the expiry of the Initial Term, this Agreement shall continue for further periods of the same period as the Initial Term (“Further Terms”) until terminated in accordance with these Terms and Conditions. You do not need to take any action for the Agreement to continue for Further Terms. For the avoidance of doubt, the Terms and Conditions applicable to your subscription and to your depth products at any point in time are the relevant Terms and Conditions (i.e. Residential, Developer or Media) published athttp://realestate.cretebay.com//terms at that point in time, which may not necessarily be the Terms and Conditions in effect when you signed your Order Form). Clause 9.1 describes how we may change these terms and conditions
4. Termination of Service by you
4.1 If you do not wish for this Agreement to continue for a Further Term, at least thirty (30) days before the expiration of the Initial Term or the then current Further Term, you must provide us with clear written notice of your intention to terminate the Agreement upon the expiration of the Initial Term or the then current Further Term. Your obligation to provide us with at least thirty (30) days clear written notice of your desire to terminate this Agreement exists regardless of whether or not you receive any communication from us regarding a Further Term.
4.2 You agree that once the Initial Term or any Further Term commences, you may not terminate the Agreement for any reason until the expiry of that Initial Term or Further Term.
4.3 If you purport to terminate the Agreement before the expiry of the Initial Term, you acknowledge that you shall remain liable for the fees payable under this Agreement for the remainder of the Initial Term.
4.4 If you purport to terminate the Agreement after the expiry of the Initial Term but before the expiry of a Further Term, you acknowledge that you shall remain liable for the fees payable under this Agreement for the shorter of the following periods:
(a) three (3) months commencing from the time of the purported termination; and (b) the remainder of the Further Term;
PROVIDED THAT the minimum sum payable on purported early termination under this clause 4.4 shall be one (1) month’s fees. 4.5 The sum payable by you on purported early termination under clause 4.3 or 4.4 above shall be a debt due to us payable at the time of the purported termination and you agree to pay such sum within fourteen (14) days of the purported termination.
4.6 You agree that the sum payable by you under clause 4.3 or 4.4 above is not a penalty, but a reasonable measure of actual damage to us as a result of your early purported termination.
5. Termination or suspension of Service by us
5.1 We may terminate this Agreement at any time for any reason provided that we give you at least seven (7) days’ written notice. If we terminate this Agreement solely under this clause 5.1 then you will not be required to pay any fees in respect of the period after effective termination.
5.2 Notwithstanding clause 5.1 and without limiting our other rights, we may immediately suspend or temporarily remove details of any property uploaded by you to our web site or terminate this Agreement if:
(a) you fail to pay any fees or charges due to us by the due date; (b) you breach any part of this Agreement and the breach is material and not capable of being rectified;
(c) you breach any part of this Agreement and fail to rectify the breach within 7 days of the breach;
(d) you breach any warranties provided or representations made in this Agreement;
(e) any material supplied by you (including material uploaded to our web site) is false or misleading;
(f) you enter into bankruptcy, liquidation, provisional liquidation, administration, receivership, receivership and management, a composition of arrangement with your creditors, or appoint a receiver, manager or controller over all or any part of your assets, or are protected from creditors under any statute, or become or are deemed to become insolvent; or
(g) you die, or if you are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
5.3 In the event that we exercise our right to suspend or temporarily remove property details pursuant to clause 5.2, you remain liable for the monthly subscription fees and other product fees until the expiration of this Agreement.
6. Effect of termination (by you or us) 6.1 Termination of this Agreement (by you or by us) or suspension or temporary removal of property details pursuant to clause 5.2 does not:
(a) relieve you of your accrued obligations and liabilities pursuant to this Agreement and we reserve our right to enforce such obligations and liabilities after termination; and
(b) waive any breach of this Agreement by you.
6.2 In the event that of suspension or temporary removal of property details pursuant to clause 5.2, we may, at our option (in addition to all other terminate rights), terminate your subscription, in which event the full balance of fees payable under the Agreement for the remainder of the Term will become immediately payable as a debt due to us within seven (7) days of termination.
6.3 In addition to clause 6.1 and without limiting clause 6.2, you acknowledge that:
(a) you remain liable for all fees incurred before any termination of this Agreement and you must pay all outstanding amounts to us as a debt due to us within seven (7) days of termination; and (b) if you continue to use the Service following termination of this Agreement, you shall remain liable for any and all fees incurred by you (these fees may be calculated at our “out of contract” rate which is higher than our usual rates).
7. Packages, fees, credit and billing
7.1 We offer a number of different packages that vary in terms of price, products 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.
7.2 The current fee for the Service is specified in your Order Form. There is no current surcharge for payment by Visa Card or Mastercard, but we reserve the right to impose a surcharge in accordance with clause 7.3.
7.3 We reserve the right to amend the terms and conditions of this Agreement, including package components, products and fees, at any time. You will be given written notice of any changes to our fees or package components.
7.4 Service fees for the initial month of the Term are payable from the Contract Start Date specified on your Order Form. The initial month’s service fees may be billed in advance or in arrears to fall within our regular billing cycle. Fees for subsequent months are payable partly in advance and party in arrears with the due date being fourteen (14) days from the commencement of any subsequent calendar month. Service fees relating to subscription products are determined on the basis of the physical location of the Real Estate Office holding the subscription, not the billing address listed for the Real Estate Office.
7.5 If we do not receive payment by the due date, we may:
(a) remove any reference or prevent access to property data submitted by you to our web site; (b) charge an administration fee of €5.00 plus any applicable VAT per month on overdue accounts;
(c) charge interest on any overdue amount at a rate equal to 2% per calendar month; and
(d) demand that you pay for any costs of collecting the overdue amount, including but not limited to collection of agency fees and legal fees; and
(e) exercise our other rights under clause 5.2.
7.6 You will pay all taxes, duties and other government charges payable in connection with this Agreement whether applying as at the date of this Agreement or in the future including, without limitation, any applicable goods and services tax (VAT), other value added tax, sales tax, stamp duty and turnover tax, but excluding taxes, duties and government charges based on our income. 7.7 You acknowledge and agree that if we consider it relevant, we may at any time:
(a) obtain from a credit reporting agency, a credit report containing personal credit information about you or your directors and officers, in relation to any commercial credit we provide or consider providing to you.
(b) receive from a credit reporting agency, a credit report containing personal information about you or your directors and officers in relation to overdue payments;
(c) may give information to, or seek information from, any credit provider named in a credit report issued by a credit reporting agency, and any existing, previous or future supplier of goods to your or any related party of the Applicant (as defined in the Corporations Act) and such information may include details of your (or your related parties’) credit arrangements, credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other.
8. Limitation of liability and indemnity
8.1 To the extent allowable under the Competition and Consumer Act 2010 (Cth) or any other applicable law, we:
(a) exclude all conditions and warranties implied into this Agreement;
(b) exclude consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits);
(c) limit our liability for breach of any condition or warranty that we cannot exclude to (at our option):
(i) resupplying the Service; or (ii) paying the cost of having the Service resupplied; and
(d) limit our liability in respect of any other claim under or in connection with this Agreement, whether the claim is based in contract, tort (including negligence), statute or otherwise, to the amount paid to us by you under this Agreement and reduce that liability to the extent you cause or contribute to the loss the subject of the claim. 8.2 You must take all reasonable steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under this Agreement. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly.
8.3 We will not be liable under this Agreement to the extent that liability is caused by:
(a) any breach of your obligations under this Agreement or a negligent act or omission by you; or (b) any delay in performance or breach of this Agreement which arises as a result of any matter beyond our control including but not limited to viruses, other defects or failure of the server hosting our web site.
8.4 You indemnify us and our officers, employees and agents (“those indemnified”) against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material uploaded or submitted by you in connection with the Service or any other act or omission by you in connection with your use of the Service. 8.5 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement for whatever reason.
9.1 We may change these Terms and Conditions at any time by giving you at least 30 days’ prior written notice. You acknowledge that our publishing the amended version of the Terms and Conditions at this link on our web site constitutes written notice to you of such changes.
9.2 No delay or failure by us to enforce any provision of this Agreement will be deemed a waiver or create a precedent or will prejudice our rights. No waiver by us will be effective unless it is in writing and signed by us.
9.3 We will send all notices and other communications to you at the email address and/or facsimile number you have provided to us. It is your sole responsibility to ensure that you provide us with your current contact email address and/or facsimile number.
9.4 All notices from you to us (excluding termination notices) must be sent by email to firstname.lastname@example.org (emails will not be accepted from hotmail, Gmail or similar accounts) or by facsimile to 1300 664 044. These contact details may be amended from time to time. It is your responsibility to check these Terms and Conditions for the current contact details.Termination notices must be sent in a form that we may prescribe from time to time – to the contact details specified on the form.
9.5 You must not assign this Agreement or appoint an agent without our prior written consent.
9.6 We may assign this Agreement at any time. If we assign this Agreement, we will notify you of the assignment.
9.7 This Agreement (together with any documents referred to in the Agreement or provided by us at the same time as the Agreement) comprises the entire agreement between us about its subject matter. It supersedes all prior understandings, agreements or representations and you may not rely on any representations or warranties about the subject matter of this Agreement except as expressly provided in this Agreement.
9.8 The laws of Victoria, Australia govern the Agreement.
9.9 You submit to the exclusive jurisdiction of the Courts of Victoria, Australia and you waive any right you have to object to an action being brought in the Courts of Victoria (including that the action has been brought in an inconvenient forum, or that those Courts do not have jurisdiction).
9.10 If any term of this Agreement is void, unenforceable or illegal, that term is severed. The remainder of the Agreement has full force and effect.
9.11 Our rights and remedies provided in this Agreement are in addition to other rights and remedies given to us by law and equity independently of this Agreement.
10. Subscription Types
10.1. In this clause 10:
Agency Branded Website means a website containing your agency branding, created by you using our “Agent Admin” system. Agency Branded Mobile Website means a website for mobile devices with your agency branding, created by you using our “Agent Admin” system.
Campaign Report Data means all campaign reporting data, product details, statistics and analytics which we supply to you, including, but not limited to the Market Comparison Data and ROI Metrics.
Diamond Sites means your Agency Branded Website and Agency Branded Mobile Website.
Diamond Subscription means a Diamond level subscription to our services.
Feature Property has the same meaning as in clause 11.1.
Market Comparison Data means all performance metrics we supply to you to help you track the effectiveness of your listing campaign against the median of all properties on our web site with comparable days on market and location.
Market Report Data means all market reporting data, statistics and analytics which we supply to you.
Other Pay Per Listing means a flexible listing option that allows you to upload a single listing on to our Other Platforms.
Other Platforms means web sites or web site sections operated by us and located at the following URLs: (a) http://realestate.cretebay.com/;
(b) http://realestate.cretebay.com/; and
(c) our developer product located at our web site (including on the New Homes section of our web site at www.cretebay.com/).
Other Platform Terms means:
(a) in the case of http://realestate.cretebay.com/, the customer terms and conditions located at the “Legal – AUP” tab of http://realestate.cretebay.com/;
(b) in the case of http://realestate.cretebay.com/, the customer terms and conditions located at http://realestate.cretebay.com//terms; and
(c) in the case of our developer product, the customer terms and conditions located at www.cretebay.com//terms under the headings “New Homes” and “Terms and Conditions applying to Project Profiles”.
Our Pay Per Listing means the flexible listing option that allows subscribers to our Other Platforms to upload a single listing on our Web Site.
Platinum Subscription means a Platinum level subscription to our services.
ROI Metrics means return on investment metrics, including but not limited to the quantity of views, engagements, saving, sharing and enquiries made by users of our website in relation to a particular property listing.
Social Media Tools means access to tools designed to facilitate your use of online social networks in conjunction with your subscription to our services.
10.2. If you have a Diamond Subscription, then during the term of that subscription your Service includes:
(a) the ability to list up to five properties on our web site as 30 day Feature Properties each month for no additional fee (“Diamond Feature Credits”). Diamond Feature Credits are supplied on the following basis:
(i) we will automatically apply your available Diamond Feature Credits (if any) to any Feature Properties you list;
(ii) Diamond Feature Credits will be available from the first calendar day of the month and expire at 11:59pm AEDT (Melbourne time) on the last calendar day of the month. Any unused Diamond Feature Credits will be forfeited; and
(iii) Diamond Feature Credits are non-transferable and cannot be redeemed for cash;
(b) the ability to create an Agency Branded Website for your agency;
(c) the ability to create an Agency Branded Mobile Website for your agency;
(d) access Market Report Data in relation to your agency’s property listings and performance with us; and (e) access Campaign Report Data in relation to your agency’s property listing campaigns; and
(f) access to Social Media Tools.
10.3. If you currently have a Strategic Partnership Agreement (“SPA”) with us, you acknowledge and agree that the terms of your SPA will not apply to your Diamond Subscription.
10.4. If you trial our Agency Branded Website and/ or Agency Branded Mobile Website products, without having a Diamond Subscription with us, then until such time as you purchase a Diamond Subscription, you acknowledge that clause 10.17 of these Terms and Conditions will apply and your Agency Branded Website and/or Agency Branded Mobile Website:
(a) will not be able to be published for search engine optimisation purposes; and
(b) will include ourhttp://realestate.cretebay.com/ branded banner that links to the agent marketing centre and this is not permitted to be removed; and
(c) may be deleted at any time in our sole discretion for any reason, including, but not limited to, inactivity.
10.5 Diamond Sites can include listings that are not on our web site, including,
(a) residential listings where you elect to display the listing on Diamond Sites only;
(b) residential listings that have been removed from our web site because they are in breach of our Acceptable Use Policy; and
(c) commercial listings where you are not a subscriber to http://realestate.cretebay.com/.
10.6 Where you have a listing on All Sites and elect to display your listing on Diamond Sites only, you acknowledge that:
(a) the expiry date of your listing on All Sites will not change;
(b) your listing will not be displayed on All Sites (or any features of it, including, but not limited to eBrochures and Exclusive Agent Showcase) for the period that you display your listing on Diamond Sites only; and
(c) no refund will be provided to you in respect of the period of the term that your listing will not be displayed on All Sites.
10.7. If you have a Platinum Subscription, then during the term of that subscription your Service includes the ability to list up to five properties as 30 day Feature Properties each month for no additional fee (“Platinum Feature Credits”). We will automatically apply your available Platinum Feature Credits (if any) to any Feature Properties you list.
10.8. Platinum Feature Credits will be available from the first calendar day of the month and expire at 11:59pm AEDT (Melbourne time) on the last calendar day of the month. Any unused Platinum Feature Credits will be forfeited
10.9 Platinum Feature Credits are non-transferable and cannot be redeemed for cash.
10.10 If you have a Standard Subscription, then during the term of that subscription, your Service allows you to upload Standard Listings.
Pay Per Listing
10.11 If a subscriber to one of our Other Platforms purchases Our Pay Per Listing product, they will be bound by these terms and conditions and be entitled to:
(a) upload a single residential Standard Listing for an upfront fee for such duration that we communicated to you from time to time; and
(b) access all listing upgrade options, including, Feature Property, Highlight Property and Premiere Property.
10.12 If you purchase an Other Pay Per Listing product on one of our Other Platforms, you will be bound by the applicable Other Platform Terms.
10.13 You will not be entitled to any refund if you incorrectly or inadvertently select or load listings as an Our Pay Per Listing product or an Other Pay Per Listing product manually in our “Agent Admin” system or via any method (including an XML feed).
Subscription Features Generally
10.14. Clauses 10.12 to 10.17 apply if you receive these features, regardless of your subscription type.
10.15. You acknowledge and agree that Market Report Data:
(a) is based on information submitted by our subscribers and is provided for general indicative and trending purposes only; we do not warrant the accuracy or reliability of this data;
(b) should not be regarded as a substitute for professional legal, financial or real estate advice;
(c) is provided for your internal business use only and may not be copied, reproduced or published in any electronic or permanent form or otherwise disseminated to any person. If you are a member of a franchised agency group, “internal business use” shall include discussion of your Market Report Data within that group, subject to you ensuring that other agencies within that group keep your Market Report Data confidential and do not copy, reproduce, publish or disseminate your Market Report Data; and
(d) may not be used, referenced or quote for promotional purposes.
10.16 You acknowledge and agree that Campaign Report Data:
(a) is based on information submitted by our subscribers and is provided for general indicative and trending purposes only. We do not warrant the accuracy or reliability of this data.
(b) should not be regarded as a substitute for professional legal, financial or real estate advice;
(c) may be used by you:
(i) for internal business purposes, including, but not limited to, coaching and evaluation purposes;
(ii) to illustrate to existing customers the performance of their property campaign on our web site; and
(iii) in presentations and meetings with prospective clients as an example of the performance of a property campaign on our web site;
(d) may not be copied, reproduced or published in any electronic or permanent form or otherwise disseminated to any person, other than for the Approved Purpose, without prior written approval from us.
(e) may not be used, referenced or quoted for promotional purposes, other than for the Approved Purpose.
10.17 You acknowledge and agree that where we provide you with an Agency Branded Website, an Agency Branded Mobile Website, or both,you must ensure that any information or material you submit for publishing on that website:
(a) is true and correct; and
(b) is not unlawful, misleading or deceptive, or published for an improper purpose; and
(c) does not infringe the intellectual property rights of another person or any applicable laws.
10.18 You acknowledge and agree that where we provide you with any information or suggestions for search engine optimisation of your Agency Branded Website and/or Agency Branded Mobile Website, this is intended as a guide for information purposes only and should not be relied upon as a substitute for professional advice
10.19 You acknowledge and agree that any suspension or termination of your subscription will result in the suspension or termination of the Services, including but not limited to your Agency Branded Website and your Agency Branded Mobile Website (where applicable). To the extent permitted by law, you agree that we are not liable for direct, consequential, special or indirect loss or damage (including but not limited to loss of opportunity, loss of revenue, loss of data and loss of profits) arising out of or in connection with the suspension or termination of the whole or part of your subscription.
10.20 Where we provide you with Social Media Tools, this may include links to third party websites and applications. You acknowledge that your use of such websites and applications will be governed by the terms and conditions prescribed by those third parties, and you agree to comply with those terms and conditions.