Welcome to We Find Real Estate. We assist potential property purchasers in finding and evaluating investment properties and act as a buyer’s agent in the purchase process (the “Service”).
It is important that you read these terms and conditions carefully and ensure that you understand them. Your use of the Site and the Service are subject to, and in accordance with, these terms and conditions and any Buyer Agency Agreement.
Definitions and Interpretation
In these terms and conditions:
“Buyer Agency Agreement” means the buyer agency agreement between you and us whereby you appoint us as your agent to conduct the Service.
“Intellectual Property” includes all forms of intellectual property including, without limitation, patents, rights to apply for patents for inventions, copyright (including future copyright and rights in the nature of or analogous to copyright), registered or registrable designs, trade marks, whether registered or unregistered, domain names, trade secrets and other confidential information, circuit layout rights, plant breeders’ rights, and rights to apply for registration of any form of intellectual property;
“Permitted Use” means the purpose for which you may use the Site for and is more particularly described below;
“the Site” means http://www.wefindrealestate.com.au and all sub-domains and content hosted within the site;
“us”, “we” or “our” means We Find Real Estate (ABN 75 644 571 583);
“you” or “your” means a member or any person who accesses our Site;
singular includes plural and vice versa;
words of one gender include both other genders;
reference to a party includes that party’s personal representatives, successors and permitted assigns;
a provision must not be construed against a party only because that party put that provision forward; and
a provision must be read down to the extent necessary to be valid; if it cannot be read down to that extent, it must be severed.
Application of these Terms
These Terms apply to each and any user of the Site, the purchase of any products or services and any postings, emails, messages and other communications made to or using the Site. In the event of any inconsistency between these Terms and the terms of the Buyers Agency Agreement, the Terms will prevail to the extent of any inconsistency.
Users of the Site are only authorised to use the Site for the Permitted Use and must not use the Site or post content to the Site that:
- is for any purpose other than the Permitted Use;
- hacks, or attempts to hack, distributes, modifies, transmits, re-uses, or re-posts the same for any reason;
- infringes upon the Intellectual Property rights of, or breaches any duty of confidence to, any third party;
- is technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
- reveals the identity or any personal details of any other user without that users permission;
- expresses or implies that any statements you make are made or endorsed by us;
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is likely to incite sexual, religious or racial hatred, violence, discrimination or vilification;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” including any act or omission which is in contravention of any provision of the Spam Act 2003;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual or violent manner, or solicits personal information from anyone;
- contains images of persons other than yourself;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
- engages in or promotes commercial activities and/or sales without our prior written consent.
Illegal and/or unauthorised uses of the Site, including collecting personal information of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Site is not permitted. Such actions will be investigated and appropriate legal action taken.
You must use the Site in a manner consistent with any and all applicable laws and regulations.
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Any such attempt will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material from your use of our site or to your downloading of any material posted on it, or on any website linked to it.
All Intellectual Property rights in the Site belong to and vest in us, or are licensed to us unless otherwise specified. All such rights are hereby asserted and reserved.
The Site contains information that is proprietary to us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information. By way of example and without limitation, you shall not:
- make any public or commercial use of the Site without our prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without our prior written permission;
- display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without our prior written consent; and
- process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly.
You must not remove or obscure any copyright notices and other proprietary notices contained on the Site.
We will operate the Site with the reasonable skill and care of an online service provider.
We will do our best to maintain the operation of the Site, however, we may need to temporarily suspend the Site for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Site as soon as possible after any period of suspension.
We reserve the right to make changes to the Site from time to time provided that they do not have a material adverse effect on the quality of the Site and the services provided thereunder.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control we will not be liable for this.
Your use of our Site is entirely at your own risk.
The Site is provided on an “as-is” basis. We cannot guarantee and do not promise any specific results from use of the Site and make no warranties, guarantees or representations as to the quality or fitness of the Site (or any user of the Site) for a particular purpose.
To the extent permissible by law, all other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded other than any guarantee required by the Australian Consumer Law, which may not be excluded or modified.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed on the Site. You acknowledge that any reliance upon such advice, opinion, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members.
Third party web sites with links from the Site have not been verified or reviewed by us and use and access of such third party websites is made at your own risk.
Limitation on Liability
To the maximum extent permitted by law, we exclude liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to us. We shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Site;
- the infringement by any person of any Intellectual Property of any third party caused by their use of the Site;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from us or users of the Site; and
- all representations, warranties, conditions and other terms which but for this notice would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent representation.
You agree to indemnify us and keep us indemnified against any costs, losses or expenses incurred or suffered by us as a result of any breach or non-observation by you of any of your obligations or warranties under these Terms.
In the event that you have any claim or action against any other member of the Site arising from, or in any way connected with, that member’s use of our Site, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, actions, suits, causes of action, arbitrations, debts, dues, costs, counterclaims, decisions, verdicts and judgments for any and all liability and/or damages, arising at any time in the future and whether referable to events or circumstances which have already occurred or which may occur in the future, arising out of or in any way connected with the use of the Site.
In the event that a claim or action is brought against us from your activities or use of the Site or the Service, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, indemnify us and not to seek any amount by way of set-off, contribution or for proportionate liability, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
Requests for Access and Correction of Personal Information
We will not disclose your personal information other than as is permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies.
Modifications to these Terms
We may alter or amend these Terms upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, you do not wish to continue to access the Site, you may terminate your membership upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended Terms would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to access the Site after the relevant period of notice has expired.
These Terms are governed and construed in accordance with the law in force in the State of South Australia and the parties agree to submit to the exclusive jurisdiction of the courts of that State. You agree that any litigation, action or proceeding related to these Terms must be instituted in a State court in the State of South Australia or the South Australian registry of the Federal Court of Australia, and you waive any objection that you may have with respect to jurisdiction, venue or forum.
In the event that any of these Terms are declared or found to be unenforceable by any court or tribunal of competent jurisdiction, such provision shall be severable and all the remaining provisions of these Terms shall remain in full force and effect.
Any delay in the exercise of any right, power or privilege available to it under these Terms does not operate as a waiver of that right, power or privilege or preclude any other or further exercise that right, power or privilege or the exercise by that party of any other right, power or privilege under these Terms.
The Site is operated by Samuel Arthur Jolley as trustee for the Rio Trust, trading as We Find Real Estate, whose registered office is PO Box 1238 Unley SA 5061.