Application Button Terms of Use

About these Terms

  1. These Terms of Use (Terms) are a legally binding contract between you and realestate.com.au Pty Ltd trading as 1form (1form) and govern your use of the 1form Application Button (Button).
  2. By downloading or using the Button, you agree to be bound by these Terms.
  3. 1form may update these Terms by posting the new wording on this site. You are responsible for regularly reviewing these Terms for updates. If 1form updates these Terms, your use of the Button after the update constitutes your acceptance of the Terms as amended.
  4. If you do not agree to comply with these Terms, do not download or use (or continue using) the Button.

Button

  1. The Button consists of designs and software code that are owned by 1form.
  2. 1form may at any time change, re-develop, re-organise, augment, refine or impose limits on access to, the Button and its content and services.
  3. If you object to any changes to the Button or its content or services, your sole recourse is to stop using the Button and remove it (and all associated code) from your website.
  4. 1form may, but is not required to, upgrade or maintain the Button and its content and services.
  5. You agree that 1form may monitor your use of the Button for the purpose of ensuring that you comply with these Terms.

Licence

  1. Subject to your continual compliance with these Terms, 1form grants you a worldwide, non-revocable, exclusive, non-transferable, non-sublicensable licence to download and use the Button on your websites in connection with properties of which you are the owner or duly authorised property manager or leasing agent (Licence).
  2. Except as expressly set out in these Terms, 1form does not transfer to you any right, title or interest in the Button or its content or services.
  3. The Licence continues until terminated by either party in accordance with these Terms.

Termination

  1. You may terminate the Licence by discontinuing your use of the Button.
  2. We may terminate the Licence if you cease to be a 1form customer, you breach these Terms, or if your ongoing use of the Button is unacceptable to 1form (acting in its absolute discretion).
  3. Upon termination of the Licence, you must delete all copies of the Button (and any code associated it) in your power, possession or control and cease all use of the Button.

Restrictions on Licence

  1. You may only use the Button in connection with a property of which you are the owner or for which you are duly and currently authorised to act as property manager or agent.
  2. You must not use the Button in a way that:
    1. breaches the Privacy Act 1988 (Cth) (or would constitute a breach if you were an ‘organisation’ within the meaning of section 6C of the Privacy Act 1988 (Cth));
    2. infringes 1form’s intellectual property rights (including copyright or trade mark rights);
    3. is fraudulent, misleading or deceptive;
    4. disparages or causes loss, damage or harm to any person; or
    5. overloads or compromises 1form’s search services (e.g. using the Button in an automated way) or affects other people’s use of the 1form services.
  3. Unless expressly permitted in writing by 1form, you must not:
    1. sell or license to any person the Button or its content or services;
    2. modify, disable, decompile, reverse engineer, disassemble or derive source code from the Button; or
    3. remove or obscure any copyright notice, trademark, logo used with the Button.

Warranties, Liability and Indemnity

  1. 1form provides the Button on an “as is” basis, without any warranties whatsoever. 1form excludes all conditions, warranties and guarantees from these Terms, except any condition, warranty or guarantee which cannot be excluded (including guarantees contained in the Competition and Consumer Act 2010 (Cth)). To the extent permitted by law, 1form limits its liability for breach of any statutory guarantee to (at 1form’s option) re-supply of the Button or payment of the cost of re-supply.
  2. Subject to clause 6(a), 1form excludes all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of the Button, whether that liability arises in contract, tort (including negligence) or under statute. 1form is not liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
  3. You acknowledge that you use the Button at your own risk and after having an opportunity to assess the Button and its suitability for your software, hardware and business purposes.
  4. You agree that you are responsible for all third party software, hardware, and services used in connection with Button. You use all third party software, hardware, and services at your own risk and subject to the terms of the third party provider (if any).
  5. You agree to indemnify and hold harmless 1form and its licensors from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms; your breach of applicable laws in connection with these Terms; or your infringement of the intellectual property rights or other rights of 1form or any other entity in connection with the Button.

General Provisions

  1. These Terms are the entire agreement between you and 1form in relation to your use of the Button.
  2. These Terms supersede and replace all other understandings or agreements regarding the Button.
  3. Any invalid or unenforceable term will be severed, and all other terms will remain in full force and effect.
  4. These Terms are governed by the laws of the State of Victoria, Australia.

October 2016

© REA Group 2016