1. How these Conditions of Use apply
These Conditions of Use apply to your use of Domain Group products and services (Products). The Products include:
Further terms and conditions will apply to you if you use other Domain Group products or services and/or if you are a business customer of Domain Group’s listing and agent solutions products. For example, if you use Pricefinder or if you are a real estate agent customer with a listing subscription, then your use of those products will be subject to the Domain Group General Terms and Conditions.
We may update all or part of these Conditions of Use at any time. Your subsequent or continued use of our Products will constitute your acceptance of any updates. If you object to any updates to these Conditions of Use, you may discontinue your use of our Products at any time.
2. Account / Membership
2.1 To access some of our Products or receive the benefit from them, you may be required to create an account. This clause 2 applies wherever you are required to create an account or you otherwise elect to do so.
2.2 You can create an account by entering your details where indicated on the registration page or as otherwise directed by us. We may also offer you the ability to set up, or log into, an account using third party accounts such as your Facebook or Google account. If you set up, or log into, an account in this way, you are taken to have granted us the right to access and use the relevant details from the relevant third party accounts for the purposes of identifying you and providing the Product to you.
2.3 We may, at any time, request information or documentation to verify your identity or the financial information you provide us in connection with your account. If we request this information or documentation, you must provide it to us in order to set up your account.
2.4 We are not required to check your information or documentation for accuracy or completeness and may rely on the information or documentation you provide to us as if it were accurate and complete.
2.5 You must promptly notify us and/or update your account if any of your information is incorrect or changes.
2.6 Unless we have expressly agreed otherwise, you must:
(a) only register one account for each Product;
(b) only register an account for yourself; and
(c) not impersonate, or create an account for, any person other than yourself.
2.7 You are responsible for all activities that occur under, or in connection with, your account, regardless of whether the activities are undertaken by you or a third party.
2.8 We are not responsible for any unauthorised use of, or access to, your account (except where and to the extent directly caused by us).
2.9 If you cancel your account, you will no longer be able to access it and may lose any information you have entered into that Account. You may need to register for a new account with us if you change your mind.
2.10 We reserve the right to, in our sole discretion, suspend or terminate your access to all or any of our Products, including if we believe you have breached these Conditions of Use or are no longer an active member.
3. Your Conduct and Commitments
3.1 By using each Product:
(a) you agree to:
(i) comply with all legal requirements applicable to your use of the Product, including Privacy Laws;
(ii) keep your access credentials (such as usernames and passwords) related to the Product private and secure;
(iii) notify us and follow our reasonable instructions if your access credentials are lost, stolen or compromised; and
(iv) take reasonable precautions to ensure that the processes which you employ for accessing the Product do not expose you, us or the Product to risks of viruses, malicious computer code or other forms of interference which may damage your, or our, computer systems or infrastructure; and
(b) you undertake not to (including when sharing Your Content through the Product):
(i) infringe, or cause us to infringe, any Intellectual Property Right of any person;
(ii) breach any legal duty owed to any person, such as a contractual obligation or a duty of confidence;
(iii) engage in any conduct which is likely to mislead or deceive us or any other person;
(iv) impersonate any other person;
(v) conduct yourself in a manner that we reasonably consider to be offensive;
(vi) engage in conduct that is illegal, immoral or harmful;
(vii) interfere with, or create an undue burden on, any Product, our infrastructure or any other users of any Product – for example, you must not upload to the Product anything that contains viruses, malicious computer code or similar devices;
(viii) upload or insert data tracking or collection devices (including any tag, code, cookie or pixel) to any Product or Your Content;
(ix) directly or indirectly scrape or index the Product or any part of it including information, images, applications or other files – for example, you must not deploy data mining, robots, or similar data gathering and extraction methods;
(x) use or access the Product for the purposes of building a database of property information, a derivative product or competing with us or our Products; or
(xi) transmit (or authorise the transmission of) spam, junk mail, chain letters, unsolicited emails, contests, surveys, or other mass messaging, whether commercial in nature or not.
4. Your Content
4.1 In using or accessing a Product, you may submit information, content or materials to, or via, the Product, including:
(a) enquiries; and
(b) reviews, suggestions for product features or enhancements, recommendations, corrections, user feedback, appraisal requests and sales or other property related data,
(Your Content).
4.2 When Your Content is submitted to, or via, the Product, you warrant that:
(a) it is true and correct;
(b) it is not misleading or deceptive or likely to mislead or deceive;
(c) it is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, offensive (including racially or ethnically) and does not constitute or encourage any conduct that would be considered to be a criminal offence, give rise to civil liability, violate any law or be otherwise considered to be inappropriate; and
(d) to the extent that the content is (in full or in part) third party material(s) and/or Personal Information, you hold any necessary consents, permissions and/or licences to disclose the content to us for use by you and by us in accordance with applicable laws (including the Privacy Laws).
4.3 You must promptly notify us if you become aware or suspect that Your Content may breach these Conditions of Use.
4.4 We do not accept responsibility for any errors in Your Content, and you acknowledge that we are under no obligation to approve, check or verify Your Content. If we do review, approve, correct or remove Your Content, doing so will not give rise to any responsibility from us in respect of Your Content.
4.5 Your Content may be seen by other users of our Products, or by third parties. Where relevant settings have been made available on or in relation to a Product, we will use commercially reasonable efforts to honour the choices you make about who can and can’t see Your Content.
4.6 Unless otherwise expressly agreed by us in writing, we do not promise to display Your Content or to display it in the exact form that you have provided it. For example, we may remove or amend Your Content if we have reasonable grounds to believe it breaches these Conditions of Use.
4.7 By submitting Your Content to, or via, a Product, you grant us a licence to use Your Content. The terms of that licence are set out in clause 7.5.
5. Privacy
The Domain Group provides information about how it collects, uses and discloses Personal Information in our Privacy Policy, Tracking and Targeting Policy and privacy collection notices in our Products. You acknowledge and agree that, when you use or subscribe for a Product, we may collect, use and disclose your Personal Information in the manner described in our Privacy Policy; and we may use cookies or other similar tracking technologies to help us track your usage and remember your preferences in the manner described in our Tracking and Targeting Policy.
6. Electronic Signing
6.1 This clause 6 applies if you use any of our Products for electronic signing of documents.
6.2 By affixing a digital or electronic signature to a contract or other legally binding document provided to you by a third party user through any of our Products (Document), you:
(a) acknowledge that your digital or electronic signature is equally binding upon you as if you had executed the Document on paper with ink;
(b) agree to accept a digital or electronic signature from any other party to the Document in the formal signing and exchange of the Document; and
(c) agree that the contract will only be exchanged once the agent (or other authorised third party) has emailed a fully signed copy of the contract to all parties.
6.3 You agree to use the Product to:
(a) receive information from other users electronically;
(b) digitally or electronically sign documents;
(c) receive digitally or electronically signed documents from other users; and
(d) provide other users of the Product with the information required to identify you and verify your digital or electronic signature.
6.4 Our Products merely facilitate the execution of Documents between parties to those Documents and we are not a party to those Documents.
6.5 We are not responsible for determining whether the Documents are excepted from electronic signature laws, can be legally formed by digital or electronic signature, or whether the Documents are subject to additional legal requirements in order to be validly executed at law.
6.6 If you agree to these terms on behalf of an organisation or entity, you hereby warrant that you are authorised to agree to these terms on behalf of that organisation or entity and hereby bind them to these terms and any reference to “you” and “your” in these terms refer to that organisation or entity.
7. Intellectual Property
Our Intellectual Property
7.1 Except as expressly set out in these Conditions of Use, all Intellectual Property Rights in, or relating to, a Product, are owned by us, our content providers or our licensors.
7.2 We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable licence to access and use the Product, solely in accordance with these Conditions of Use.
7.3 Except as set out in clause 7.2, you do not have, and must not assert, any rights to or in any Product.
7.4 You must not do (or omit to do) anything, which may infringe our Intellectual Property Rights.
Your Intellectual Property
7.5 We do not claim ownership rights in Your Content. However, by submitting Your Content to, or via a Product, you grant the Domain Group (and its licensees, including its Corporate Group) an irrevocable, perpetual, non-exclusive, royalty free and worldwide licence to use, copy, modify, distribute, publish, sublicense, communicate to the public and process Your Content without further consent from, notice to, or compensation to, you.
7.6 Without limiting the scope of the licence given under clause 7.5, you agree that, subject to our Privacy Policy and obligations under any Privacy Laws, we may:
(a) edit or delete Your Content;
(b) link Your Content to other material, including content submitted by other users of any Product;
(c) publish Your Content in any medium, including in print, online or otherwise;
(d) publish Your Content in other Products;
(e) use Your Content for our business purposes; and
(f) share Your Content with other members of our Corporate Group.
7.7 By submitting Your Content to, or via a Product, you consent to us and our licensees and Corporate Group members doing anything in respect of Your Content that may otherwise amount to an infringement of your moral rights, and warrant that you have obtained the same consents from all other authors of Your Content.
7.8 For clarity, where Your Content comprises product requests, requests for creative services, feedback, ideas or similar materials and we act on them, you do not have any Intellectual Property Rights in any resultant changes or enhancements to our platforms, materials or Products. All Intellectual Property Rights in all platforms, materials and Products developed by, for, or on behalf of, any member of the Domain Group vest in us on creation.
7.9 Prior to submitting Your Content to, or via a Product, you must ensure that you have all rights to grant us the licenses and give the consents referred to in the above clauses.
8. Disclaimers
8.1 While we use commercially reasonable efforts to maintain the availability and security of our Products, you acknowledge that each Product is provided on an ‘as is’ basis. We do not warrant or undertake that any Product is suitable for your purposes or will be continuously available, free of any error, defect, ‘bug’ or ‘virus’.
8.2 The internet is an inherently insecure communication medium, and your use of the Product is at your own cost and risk.
8.3 We have no responsibility for any misuse, loss, corruption, interception or delay of information or data (including Your Content) submitted to, or via, a Product (except where and to the extent directly caused by us).
8.4 The material communicated by or on behalf of us through our Products is intended to provide general information only. It is not in the nature of advice or a recommendation to you. It is heavily reliant on third party content. As a result, Domain cannot guarantee the information is accurate or complete. We do not represent or warrant that the information in our Products is correct, current, complete, reliable or suitable for any particular purpose. The information in our Products is not a substitute for appropriate advice tailored to your specific circumstances.
8.5 Our Products are not storage services. You agree that we have no obligation to store, maintain or provide you with a copy of any information or data submitted to or via a Product (including Your Content), except to the extent required by law or as provided in our Privacy Policy.
8.6 Our Products may contain links to, or divert your device to, websites, mobile sites and applications that are owned or operated by persons outside of the Domain Group (Third Party Products). Links and integrations with Third Party Products are provided solely for your convenience. In using any Third Party Products, you acknowledge that you do so at your own risk. In particular:
(a) we do not provide any warranties or representations in respect of Third Party Products and do not generally review or control them;
(b) the provision of links to a Third Party Product does not mean that we endorse or recommend, or have any particular association with, the Third Party Product or the owner or operator of the Third Party Product;
(c) you acknowledge and agree that we are not responsible for any of the content, availability, advertising, products, services or other materials provided on or through any Third Party Product, or the conduct of any person associated with a Third Party Product; and
(d) Third Party Products may be subject to their own terms, conditions and policies. You acknowledge that it is your sole responsibility to review and comply with those terms, conditions and policies and that we have no responsibility for your actions, or any Costs you incur, when using Third Party Products.
8.7 If you contact a third party using functionality provided in our Products, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
9. Liability / Indemnity
Liability
9.1 To the maximum extent permitted by law and except as expressly set out in these Conditions of Use, we will not be liable to you for any Costs incurred by you as a result of, or in connection with, a Product, including:
(a) any malicious code inserted into a Product by a third party which impacts you or any other person;
(b) any faults, delays, insecurity, inaccuracy or interruptions in or to a Product; or
(c) inaccuracy of any communications (including any transactions) made using a Product, except to the extent directly caused by our negligence or breach of these Conditions of Use.
9.2 Nothing in these Conditions of Use excludes, restricts or modifies any Consumer Guarantee. However, if the law permits us to limit your remedy for a breach of any Consumer Guarantee, then our liability is limited to us doing either of the following (at our election):
(a) re-supplying the relevant Product(s); or
(b) paying you the costs of having those Product(s) re-supplied.
9.3 To the maximum extent permitted by law, neither party will be liable to the other party for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, data, profits, revenue, reputation or goodwill, regardless of whether or not such losses or damages were foreseeable and even if advised of the possibility of such losses.
9.4 Subject to clause 9.2 and except in respect of the indemnity you give under clause 9.5, each party’s total maximum liability to the other party is limited to AUD$5,000.
Indemnity by you
9.5 You indemnify us and each member of the Domain Group from and against, all Costs, arising out of, or in any way connected with:
(a) your breach of these Conditions of Use in a manner that causes loss, destruction or material degradation of our Products or infrastructure;
(b) any dispute between you and third parties;
(c) breach of clause 3 of these Conditions of Use by you,
except to the extent that such Cost is caused by our negligence or breach of these Conditions of Use.
10. General
10.1 Force majeure: Neither party will be liable to the other party or any other person for any failure or delay by that party to comply with these Conditions of Use that are caused by circumstances beyond their reasonable control.
10.2 Waiver: If either party does not exercise a right – or they exercise the right but delay in doing so – this will not waive the right, in whole or in part, or impact that party’s ability to exercise the right (or any other right) at any future time.
10.3 Assignment: (a) Each party’s rights and obligations under these Conditions of Use are personal to that party. (b) Subject to clause 10.3(c), neither party may transfer their rights and obligations under these Conditions of Use without the written consent of the other party. (c) We may transfer our rights and/or obligations under these Conditions of Use (whether by assignment, novation or otherwise) to one of our Related Bodies Corporate or to a bona fide purchaser of a substantial part of our business or assets without the need to get further consent from you, provided that doing so does not detrimentally impact your rights.
10.4 Corporate Group: You acknowledge and agree that more than one member of our Corporate Group may receive the benefits of these Conditions of Use. In entering into this agreement with you, we act on our own behalf and as trustee of those benefits for each member of our Corporate Group.
10.5 Governing law: these Conditions of Use are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
10.6 Invalidity: Any provision of these Conditions of Use that is held to be illegal, invalid, void, voidable or unenforceable must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required by this clause, part or all of the provision of these Conditions of Use will be severed from these Conditions of Use and the remaining clauses or provisions continue in force.
10.7 Rights cumulative: Except as otherwise stated, the rights, powers, privileges and remedies provided under any provision of these Conditions of Use are cumulative and not exclusive of any rights, powers, privileges or remedies provided under any provision of these Conditions of Use or by applicable law or otherwise.
11. Definitions
12. Third Party Attributions / Reuters / AP / Google Maps
Reuters
Certain content contained on the Domain Group Network is provided by Reuters and is protected under copyright law.
Reuters content is the intellectual property of Reuters or its licensors. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors in content, or for any actions taken in reliance thereon. Reuters and the Reuters sphere logo are trademarks and registered trademarks of the Reuters Group of Companies around the world. For additional information on other Reuters services please visit the web site – http://www.reuters.com.
Associated Press
Certain content contained on the Domain Group Network is provided by Associated Press (AP) and is protected under copyright law.
Associated Press (AP) text, photos, graphics, audio and video works are only for the personal non-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. AP materials and works must not 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 AP 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.
Google Maps
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 following url: http://www.google.com/intl/en_us/help/terms_maps.html.