LEGAL INFORMATION

Contractual Terms of Use of the 1form.com platforms.

If you browse, create an account or otherwise access any content, data or services via the 1form.com websites, mobile sites or apps, you agree with realestate.com.au Pty Ltd (“1form”, “we”, “us”) to be bound by these terms.

These terms of use and our Privacy Policy form the basis on which you may access and use our websites, including any subdomains of those websites, mobile sites, and apps (together called “our platforms” in these terms).

We reserve the right to change any or all of our terms of use or other conditions for using our platforms at any time by publishing the new terms or conditions on our website or otherwise making them available to you. Your ongoing use of our platforms constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our platforms you may cease using our platform(s).

Information on our platforms and in any 1form.com publication should not be regarded as a substitute for professional legal, financial or real estate advice.

1form owns, operates and publishes all of our platforms and publications (including Rental Insights Reports – see below). We make no warranty as to the accuracy or reliability of the information contained therein and disclaim all liability and responsibility (to the extent permitted by law) for any direct or indirect loss or damage suffered by you or any other entity relying on anything contained in, or omitted from, our platforms or publications.

Restrictions on use of platforms

In accessing or using our platforms you agree that you will not:

  1. use any device, software, process or means to interfere or attempt to interfere with the proper working of our platforms;
  2. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
  3. use or index any content or data on our platforms for purposes of competing with us in any manner that we have not specifically authorised;
  4. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  5. use our platforms or any content from our platforms in any manner which, in our reasonable view, is not acceptable or not for the purpose which the platforms or content was made available;
  6. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  7. pose as any person (except in the exercise of your right to remain anonymous or use a pseudonym where permitted to do so under our Privacy Policy) or entity or attempt to solicit money, passwords or personal information from any person or commit any fraudulent, illegal or tortious act;
  8. act in violation of any Term of Use or other lawful condition posed by us or any applicable law;
  9. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our platforms or any content on our platforms, except as expressly authorised by us;
  10. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive, disruptive, fraudulent or illegal nature; or
  11. otherwise use our platforms for any purpose that is unlawful.

We reserve the right to take legally permitted action which we reasonably believe is necessary to prevent unauthorised access to or use of our platforms or any breach of the above restrictions, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our platforms and publications is copyright owned by us and our licensors. We consent to you downloading our copyright material only for private and non-commercial purposes. For reproduction or use of our copyright material beyond such use, you must obtain our written permission or that the relevant copyright owner. If given, permission may be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Third party links and advertising

Our platforms may include advertisements, hyperlinks and pointers to websites operated by third parties. Those third party websites do not form part of our platforms and are not under the control of or the responsibility of 1form. When you visit those websites you leave our platforms and do so entirely at your own risk. 1form and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. The display of a third party website, content or other material does not imply an endorsement or recommendation of that third party by 1form.

Application Information

In this section ‘Application Information’, means information in your 1form account including your personal information, files, images, data, text, or other material that 1form has permitted you to store or upload on our platforms when using the 1form platforms.

1form may (acting reasonably) at any time, without liability to you, remove, alter or disable access to any or all of your Application Information in its sole discretion without prior notice to you. Without limiting the previous sentence, 1form may do so if 1form considers that the Application Information is:

  1. in breach of any law or regulation;
  2. misleading or deceptive;
  3. not provided for the bona fide purpose of securing a rental property;
  4. inappropriate having regard to the purpose of our websites;
  5. likely to cause offence;
  6. materially incorrect;
  7. obscene;
  8. defamatory;
  9. fraudulent or otherwise unlawful; or
  10. corrupted, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your Application Information.

1form will treat any Application Information that is personal information (within the meaning of the Privacy Act 1988) in accordance with its privacy policy.

Rental Insight Reports

You may purchase Rental Insight Reports (Reports) through your 1form account. You acknowledge that:

  1. reports are of a general nature only and should not be regarded as advice or relied upon by you or any other person. You agree to notify any person to whom you allow access to Reports of this;
  2. in providing Reports, we do not act as an agent for you or any real estate professional involved in preparation of the Reports.

Further warranties

You represent and warrant that:

  1. your use of our platforms will comply at all times with these terms and any reasonable and lawful directions we make to you in relation to your use of our platforms from time to time;
  2. you will keep your username and password by which you access our platforms confidential and secure at all times; and
  3. you will accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any act or omission for which 1form is found by a competent court to be negligent.

Indemnity

You agree to indemnify 1form against any and all loss, liability, claim or demand, including reasonable legal fees arising out of, or in connection, with your breach of these terms.

Limitation of liability

Consumers are protected by the consumer guarantees contained in the Competition and Consumer Act 2010 (Cth), which cannot be excluded by law. These terms do not exclude those guarantees. To the extent permitted by law, our liability for breach of any consumer guarantee or any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

We make no representations about the suitability of the information, products, and services posted or advertised on our platforms or publications for any purpose. All such information, products and services are provided "as is" without any express or implied warranty. We disclaim all implied warranties and conditions with regard to the information, products, and services, posted on, or delivered in connection with, our platforms and publications.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 1FORM BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTALLOSSES OR DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THESE TERMS OF THE PLATFORMS.

Jurisdiction

These terms will be governed by and construed in accordance with the laws of Victoria, Australia, and by using our websites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

© REA Group

October 2016