These terms and conditions, together with the BenefitPropertyGroup Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the site www.benefitpropertygroup.com.au ("Conditions") gove your use of and access to the Web Portal www.benefitpropertygroup.com.au (the "Web Portal").We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Web Portal. Your subsequent or continued use of the Web Portal will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Web Portal.
While we use reasonable endeavours to ensure that the Web Portal is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Web Portal may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control. Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any Web Portal, feature or service (or part thereof) on the Web Portal at any time. Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the Web Portal at any time without providing notice to you.
To access or use certain parts of the Web Portal, you must register as a member of the Web Portal. Generally, registration is free. When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. You must not register as a member multiple times. You must not impersonate or create a membership for any person other than yourself. We may at any time request a form of identification to verify your identity. You must ensure the security and confidentiality of your membership details, including any useame and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person. We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Web Portal, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
You must not: use the Web Portal in breach of any applicable laws or regulations; use the Web Portal (or Material obtained from the Web Portal): to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming"; to impersonate any person or entity; to solicit money, passwords or personal information from any person; to harm, abuse, harass, stalk, threaten or otherwise offend others; or for any unlawful purpose; use the Web Portal to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that: is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person; contains, promotes, or provides information about unlawful activities or conduct; is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, poographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; exploits another person in any manner; contains nudity, excessive violence, or sexual acts or references; includes an image or personal information of another person or persons unless you have their consent; poses or creates a privacy or security risk to any person; you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive; contains large amounts of untargeted, unwanted or repetitive content; contains restricted or password only access pages, or hidden content; contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or contains financial, legal, medical or other professional advice; interfere with, disrupt, or create an undue burden on the Web Portal; use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Web Portal; use the Web Portal with the assistance of any automated scripting tool or software; frame or mirror any part of the Web Portal without our prior written authorisation; use code or other devices containing any reference to the Web Portal to direct other persons to any other web page; except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Web Portal or cause any other person to do so; or delete any attributions or legal or proprietary notices on the Web Portal. Your Material By uploading, transmitting, posting or otherwise making available any Material via the Web Portal, you: grant us a non-exclusive, BenefitPropertyGroup, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose; except where expressly stated otherwise, also grant each user of the Web Portal a non-exclusive, BenefitPropertyGroup, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions; warrant that you have the right to grant the abovementioned licences; warrant that the Material does not breach the Conditions; and unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material. We reserve the right (but have no obligation) to: review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and monitor use of the Web Portal, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or govemental request. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Web Portal by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Web Portal simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. Notifying us If you think that the Web Portal has been accessed or used by another user in breach of the Conditions, please email us at support@benefitpropertygroup.com.au . We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision. In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@benefitpropertygroup.com.au. Intellectual Property Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Web Portal. The Web Portal contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Web Portal for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor. In particular, you may not use any Material on the Web Portal to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Inteet site or other means of distribution. Nothing displayed on the Web Portal should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Web Portal without the express written consent of the relevant owner. Third party websites, advertising and activities We may feature or display links and pointers to websites operated by third parties on the Web Portal. Such websites do not form part of the Web Portal and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Web Portal entirely at your own risk. You must not link to the Web Portal from any other website (or otherwise authorise any other person to link from a third party website to the Web Portal) without our prior written consent. The Web Portal may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services. If you contact a third party using functionality provided on the Web Portal, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party. From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Benefit Propert Group?s Privacy Policy. For example, the personal information you provide when registering on the Web Portal may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.
By placing property listings on the Web Portal under a resale arrangement with a third party reseller, you acknowledge that the relevant property listings and all other services associated with them are supplied by the third party reseller and not by us. All advertisements and property listings are subject to any legal notices and Conditions displayed on the Web Portal from time to time. You agree that: you will keep your useame and password for the Web Portal safe and confidential, and that you will be responsible for all activities via your useame and password; you may only advertise properties currently available for sale or lease; properties may only be listed once on the Web Portal; you have the authority to advertise the properties that you list; if you are a licensed real estate agent, all property listings submitted by you must include your business name, company name, your name, and any interest you have in the listed property; you will comply with all applicable laws and codes in relation to the arrangements the subject of these terms, including by ensuring that all advertising costs are accurately disclosed to advertisers and/or that advertising rebates or credits (or the value thereof) are passed on to advertisers as required by any applicable law or code; you will archive or remove property listings from the Web Portal within 72 hours of an unconditional exchange of contracts or lease agreement being signed for the relevant property. Failure to remove such listings within 72 hours may incur an administration fee for each listing which is displayed, but is not available for sale or lease; and you will bear the cost of any telecommunications or inteet usage charges incurred as a result of using the Web Portal or submitting property listings. We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to modify or remove) any material or Property Listings that you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) via the Web Portal. You agree that any software provided or made available to you by us (or a third party on our behalf) is provided for the exclusive purpose of uploading data and images to our website. In particular, you must NOT use the software for uploading data or images to any other website. To the extent permitted by law, we exclude all warranties and responsibility with respect to any software provided or made available to you by us or on our behalf. Following cancellation of your agreement, you agree to uninstall and remove all software provided to you by us (or a third party on our behalf) for the purpose of data and image uploading. You acknowledge that you do not have any right, title or interest in or relating to the Web Portal. You may not use any material on the Web Portal to establish, maintain or provide your own publications (including marketing or promotional material) or Inteet site(s). Nothing in these resale terms should be construed as granting any right of use in relation to any material or trademark displayed on the Web Portal without the express written consent of the relevant owner.
Certain content contained on the Web Portal is provided by Property Developers and is protected under copyright law. Property Developers content is the intellectual property of Property Developers or its licensors. Any copying, republication or redistribution of Property Developers content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Benefit Propert Group and the Property Developers. Property Developers shall not be liable for any errors in content, or for any actions taken in reliance thereon. All text, photos, graphics, audio and video works provided on the Web Portal by the Property Developers are for commercial use of persons accessing this service and must not directly or indirectly be published, rewritten for broadcast, communication or publication or redistributed in any medium without the written consent of Benefit Propert Group or the Property Developers. None of the Property Developers materials and works must be stored in any electronic or other system except for the personal, non-commercial use of persons accessing this service. Users nor any other person may hold Benefit Propert Group or the specific Property Developers liable for any delays, inaccuracies, errors or omissions in respect of such materials or works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
We may provide listing locations via Google Maps. If we do, the Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the Google Maps site.
We may allow you to share or embed some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and Benefit Propert Group reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow Benefit Propert Group to make contact and request player removal. Benefit Propert Group does not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.
The General Conditions of Use apply to content provided by, and your use of, any mobile apps or social media apps including Facebook apps or twitter apps etc (the "Apps"). This additional provision applies to your use of the Apps: Comments and other content you post in response to articles accessed via Apps will not be monitored by Benefit Propert Group and will be subject to the App?s terms and conditions. However, comments that are actually published on our websites are moderated, even if you have authenticated via the said App.
You use the Web Portal at your sole risk. Except where expressly stated otherwise, Material on the Web Portal 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. We do not make any representation or warranty that any Material on the Web Portal will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions. We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Web Portal, nor any interruption, delay in operation or transmission, virus, communications failure, Inteet access difficulties, or malfunction in equipment or software. You acknowledge that we are not responsible for, and accept no liability in relation to, any other users? use of, access to or conduct in connection with the Web Portal in any circumstance.
You use the Web Portal at your sole risk. To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Web Portal that are not expressly set out in the Conditions. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to: in the case of services supplied or offered by us: the re-supply of those services; or the payment of the cost of having those services re-supplied; and in the case of goods supplied or offered by us: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of having the goods replaced; or the payment of the cost of having the goods repaired. In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Web Portal, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services. In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Web Portal. Indemnity You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Web Portal, including any breach by you of the Conditions.
Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Web Portal are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.
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.
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
By using the Web Portal, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
These Conditions shall be construed in accordance with and goveed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
"Conditions" means these terms and conditions, together with the Benefit Propert Group Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Web Portal. "Web Portal" means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Inteet, mobile phone or any other device). "Material" means text, illustrations, photos, audio, video, any combination of these or other material. "Us", "we" or "our" means Benefit Propert Group 1300 125 570 and/or its related bodies corporate.
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