APARTMENT ADVICE PTY LTD TERMS OF USE

1. User Agreement

The terms “we”, “us” and “our” refer to Apartment Advice Pty Ltd (the “Company”). The term “this Website” refers to the website located at http://www.apartmentadvice.com.au. The terms “you”, “your”, “user” and “users” refer to visitors, customers and any other users of this Website.

The following are the terms of a legal agreement (the “Agreement”) between you and the Company. By accessing, browsing or using this Website you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree with these terms please do not use this Website.

Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of TripAdvisor. To request permission, you may contact TripAdvisor as follows:

Users agree:

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

• To be bound by these Terms of Use, our Privacy Policy and any other terms, disclaimers or notices displayed by the Company;
• To maintain all equipment required for their access to and use of this Website;
• To maintain the security of their user identification, password and other confidential information relating to their account with the Company;
• To notify the Company immediately if any user becomes aware of any unauthorised use of their Account;
• To ensure that each username and password is limited to one single user;

The Company may change these Terms of Use at any time. If this occurs, updates will be posted on this Website and your continued use of the service will be considered acceptance.

2. Accuracy of Information Disclaimer

The Company has made reasonable efforts to ensure that the information contained on this Website is accurate at the time of inclusion; however, the information may include inaccuracies or errors. The Company assumes no responsibility (and expressly disclaims responsibility) to ensure the accuracy or completeness of the information.

The Company is not liable for any error, omission, or failure to update the information on this Website. Any decision based on this information is the sole responsibility of the visitor.

3. Warranty Disclaimer

Use of this Website is at your own risk. Materials, information, products, and services are provided with no warranties or guarantees whatsoever. The Company expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees, or representations.

The Company makes no warranty or guarantee that this Website will be uninterrupted, timely, secure or error-free.

If you download or otherwise obtain information, products or services you do so at your own discretion and risk. You will be solely responsible for any damage that may result including loss of data or damage to a computer.

4. Service and Features

The Company will use reasonable endeavors to ensure that this Website is available 24 hours a day. We do not make any representations or warranties that your access will be uninterrupted or error free. Access to this Website may be suspended temporarily without notice at any time.

We reserve the right to change or discontinue any service or feature of this Website in whole or in part at any time.

5. Reviews, Comments and Other User-Generated Content

This Website may provide a service which allows You and other Users to submit content for display on the site and may include reviews, questions and comments relating to particular properties listed on the site (“Submissions”). These Submissions may be made by directly posting to this Website, sending via email to the Company’s email address or sending via postal mail to the Company’s mailing address.

You acknowledge that You are solely responsible for Your use of such a service and that You do so at Your own risk. You acknowledge that the Company is neither responsible nor liable for any statements, representations or other content posted by Users of such a service.. You further acknowledge that the Company is neither responsible nor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter whilst using such a service.

Any Submissions by You must not:

• Be false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, advocate harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Be made in an attempt to impersonate another person;
• Promote racism, bigotry, hatred or physical harm of any kind toward any group or individual;
• Violate and/or breach any applicable laws, rules or regulations;
• Infringe or breach the intellectual property rights, contract rights or any other rights of the Company and/or any third party;
• Include unsolicited promotions, advertisements or political campaigns;
• Include the private information of a third party without their consent;
• Include computer viruses, malicious code, corrupted data or harmful files;
• Be content that is unrelated to the topic or page to which the content is posted;
• Cause harm, loss or damage to the Company and/or any third parties.

By making such Submissions, You grant the Company and its affiliates a world-wide, non-exclusive, payment-free, perpetual, irrevocable, transferable and fully sub-licensable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions in any media and for any purpose. You further grant the Company the right to pursue at law any person or entity that violates Your or the Company’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

To the extent that You retain any moral rights in any Submissions, you consent to any infringement of such rights, in the past or future, by the Company and to the full extent permitted by law you agree to waive unconditionally all moral rights in any of Your Submissions for the purposes of their use on this Website.

The Company does not control or screen Submissions and is not responsible or liable for such content, nor does it endorse or necessarily agree with any representation, statement or view expressed within any such content.

The Company takes no responsibility and assumes no liability for any Submissions by You or any third party, or for any loss or damage thereto.

We reserve the right to remove or edit without notice any Submissions which have been published to this Website at our sole and absolute discretion.

To the fullest extent permitted by law, we disclaim all liability relating to your use of this Website.

6. Intellectual Property

The Company owns all intellectual property rights in and relating to this Website including all logos, icons, brand names and service names that identify the Company. All other trade marks or service marks on this Website are the property of their respective owners. This Website and all contents in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without the prior written consent of the Company, except that the Company grants you limited permission to access and display the Web pages within this Website for the purposes of operating within this agreement.

The Company does not grant you any express or implied rights or licences under any patents, trade marks, copyrights, or other proprietary or intellectual property rights.

7. Prohibited Activities

In accepting these terms you agree not to:

• Use any device or process to retrieve, index, or in any way reproduce or evade the navigational structure or presentation of this Website;
• "Mirror" any part of this Website without prior written authorisation;
• Use code or other devices containing any references to Apartment Advice Pty Ltd to direct other persons to another web page;
• Except and only to the extent permitted by law, modify, adapt, sub-licence, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of this Website or cause or facilitate any other person to do so.

8. Third Party Websites

The Company may feature or display hyperlinks to websites operated by third parties. Such websites do not form part of The Company and are not under its control. The Company does not accept any responsibility for the content of any such linked website. If you decide to link to any third party websites you leave Apartment Advice Pty Ltd Website entirely at your own risk.

9. Limitation of Liability and Indemnity

You acknowledge that you use this Website at your own risk.

The Company will in no event be liable to any party for any injury or death, loss, direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site or resource linked to, referenced or accessed through this Website or for the use or downloading of, or access to, any materials, information, products, and services, including any lost profits, business loss, loss of programs or other data, even if the Company is expressly advised of such damage. This exclusion and waiver of liability applies to all legal causes of action and includes but is not limited to non-liability in connection with:

• Any inaccurate or incorrect information provided by users;
• Any use of this Website or Apartment Advice Pty Ltd content;
• Any use of the services offered or products provided by the Company;
• Any act or omission (whether negligent or not) of the Company or any person associated with the Company;
• The performance or non-performance of any business in connection with the Apartment Advice Pty Ltd service, except for any liability which cannot be excluded by law.

You agree to indemnify and keep indemnified the Company and our respective officers, employees and agents (“Those Indemnified”) from and against any loss, damage, costs or expenses (including reasonable legal and accounting costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss, damage, expense, cost or liability arose out of, in connection with or in respect of:

• Any breach of these Terms of Use by you;
• Publication or distribution of the material and/or information supplied by you.
• Any use of the services offered or products provided by the Company;
• Any act or omission (whether negligent or not) of the Company or any person associated with the Company;
• The performance or non-performance of any business in connection with the Apartment Advice Pty Ltd service, except for any liability which cannot be excluded by law.

The Company assumes no responsibility, and will not be liable for any damage to or viruses that may infect a User’s computer equipment or other property due to the User accessing and/or using this Website or any other linked websites, or a User downloading any materials, data, text, images, video or audio from the Site or any linked websites. 

10. Use of Personal Information

We and any people or legal entities authorised by us may gather and process the personal information:

• Which you may provide when accessing this Website, such as your name, address, e-mail address and other personal information about you;
• Regarding the way in which you use this Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access this Website.

We may authorise others to offer you goods and services using the information acquired, as described in this paragraph.

We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.

11. Access and Registration

In order for Users to be able to access some of the features of this Website, Users must register by completing their registration details in the method described on this Website.

The Company reserves the right to terminate a User’s registration at any time if that User breaches the terms of the Agreement.

The Company reserves the right to refuse registration and to suspend or terminate your registration at any time without notice and without providing a reason.

The Company may terminate access to this Website at any time without giving any explanation or justification for the termination of access, and the Company will have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to this Website.

12. Entire Agreement

These Terms of Use represent the entire agreement between you and the Company regarding your use of this Website.

13. Severability

If any provision of these Terms of Use are held to be void, unlawful or unenforceable then that provision will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of the remaining provisions.

14. Relevant Jurisdiction

The Agreement is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.

The Company does not represent that the contents of this Website are appropriate or available for use in countries outside Australia. If you choose to access the Website from outside Australia, you are responsible for compliance with foreign and local laws.

15. Copyright

These Terms of Use are Copyright © 2016 Apartment Advice Pty Ltd. All rights reserved. No portion of this document may be copied, altered or reproduced in any medium without the express written authority of the copyright owner.