Information on our Websites and in any jiajia.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.
Infotech Holdings Pty Ltd and its related entities responsible for maintaining our Websites and all jiajia.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Websites by or on behalf of InfoTech, and any Third Party Content on our Websites) and Infotech Holdings Pty Ltd and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Websites or publications.
"Contributions" means information including data, text, video, still images, audio or other material that INFOTECH has permitted you to host, share, publish, post, store or upload on the Website as permitted under this Agreement.
"Other User" Contributions means information including data, text, video, still images, audio or other material that INFOTECH has permitted users other than you to host, share, publish, post, store or upload on the Website.
"InfoTech" means Infotech Holdings Pty Limited and its subsidiaries.
"Syndication Tools" means the various syndication arrangements that INFOTECH may make available from time to time, which may include INFOTECH widgets, APIs, partner-site plug-ins and co-branded website arrangements.
"Website" means any website operated by INFOTECH and includes elements of INFOTECH operated websites published via the Syndication Tools.
Restrictions on use of Websites
In accessing or using our Websites you agree that you will not:
(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;
(c) 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;
(d) use any content on, or index our Websites for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
(f) use our Websites or any content from our Websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
(i) act in violation of any Term of Use or other condition posed by us or any applicable law;
(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Websites or any content on our Websites, except as expressly authorised by us; or
(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our Websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Infotech Holdings Pty Ltd grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of jiajia.com.au copyright material beyond such use, written permission must be obtained directly from Infotech Holdings Pty Ltd or the relevant copyright owner. If given, permission will 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 Websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our real estate agency customers. Those third party websites do not form part of our Websites and are not under the control of or the responsibility of INFOTECH. When you link to those websites you leave our Website and do so entirely at your own risk. INFOTECH and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and INFOTECH and its related entities, directors, officers and agents 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. A display of advertising does not imply an endorsement or recommendation by INFOTECH.
For the purposes of this section titled Contributions, “You” or “you” means the individual making Contributions to INFOTECH’s Websites.
INFOTECH may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, INFOTECH may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Contributions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of the Website;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. INFOTECH is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant:
(i) INFOTECH, in respect of Contributions to its Websites
a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by INFOTECH and this Agreement.
(i) INFOTECH, in respect of Contributions to its Websites
the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise INFOTECH to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
(c) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that neither INFOTECH nor StreetAdvisor has control of and is not responsible for Other User Contributions. You release INFOTECH and StreetAdvisor from any claims that you could assert against INFOTECH or StreetAdvisor relating to or in connection with Other User
Third Party Content
Our Websites contain content provided to INFOTECH by other parties ("Third Party Content"). INFOTECH does not have a practice of monitoring or making inquiries about Third Party Content. INFOTECH is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of INFOTECH. You rely on Third Party Content completely at your own risk.
You represent and warrant that:
(a) the information you supply on registration is accurate in all respects;
(b) if any of that information changes you will promptly notify INFOTECH in writing of the changes (click here for contact information);
(c) your use of the Website will comply at all times with this Agreement and any directions published from time to time by INFOTECH on the Website;
(d) you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to INFOTECH;
(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise INFOTECH to display your Contributions; and
(g) you will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of the Website.
You agree to indemnify and hold INFOTECH, INFOTECH's subsidiaries and affiliates and StreetAdvisor (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms.
Policy for Linking to Our Websites
Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.
However, in using hyperlinks, we:
However, in using hyperlinks, we:
· Attribute the original source of the hyperlink where it points to third party content.
· Do not claim ownership or rights to content belonging to other parties.
We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.
· Link to our content directly. We encourage direct links.
· Comply with all copyright, trade mark or other applicable laws.
· Use the title or headline of the content to which you are linking, as long as you link directly to that content.
Please do not:
· Attribute a link to INFOTECH content as being a link to your own or someone else's content (for example, use your own logo to link to our content).
· Attribute a link to our site and then link somewhere else.
· Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
· Link to our content as part of a property portal aggregating property listings and/or information, unless we give you specific written approval to link to our content.
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is due reason.
Limitation of liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of 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.
IN NO EVENT SHALL INFOTECH OR STREETADVISOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE 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 THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF INFOTECH HOLDINGS PTY LTD, ITS RELATED ENTITIES AND STREETADVISOR PTY LTD TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.
In this Advertising Upgrades section:
“Advertised Property” means a property which has been listed on our Website.
“Feature Property” means our Feature Property product as set out in clause 11 of the Customer Terms & Conditions for jiajia.com.au at this link.
“Highlight Property” means our Highlight Property product as set out in clause 11 of the Customer Terms & Conditions for jiajia.com.au at this link.
“Premiere Property” means our Premiere Property product as set out in clause 11 of the Customer Terms & Conditions for jiajia.com.au at this link.
“Upgrade Product” means a listing product that you purchase for your Advertised Property from us which is superior to the original listing product purchased for your Advertised Property by your agent, being one of the following listing products:
(a) Premiere Property;
(b) Highlight Property; or
(c) Feature Property.
“Upgrade Term”means the period for which you purchase the Upgrade Product from us, as communicated to you at the time of purchase.
You may purchase an Upgrade Product for the Upgrade Term.
The fee payable for the Upgrade Product will be communicated to you at the time of purchase, together with any applicable credit card surcharges. Once you have purchased the Upgrade Product, you will not be entitled to any refund if you change your mind.
If your Advertised Property is sold or removed before the Upgrade Product has expired, you are not entitled to a rebate or refund for the remainder of the Upgrade Term.
We may terminate, suspend or temporarily remove details of your Advertised Property if the jiajia.com.au subscription of your agent is suspended or terminated for any reason.
You acknowledge that:
a) subject to your rights under law which cannot be excluded, we cannot guarantee the continuous or fault-free operation of the Website; systems or technological failure may impede or prevent access to all or any part of the property data and transmission of data over the internet can be subject to errors and delays;
b) our products (including, without limitation Feature Property, Highlight Property and Premiere Property) are subject to change, development and discontinuation at any time.
c) we may contact you from time to time to provide you with reports and updates regarding your Advertised Property; and
Your use of this Website and all of our legal notices will be governed by and construed in accordance with the laws of New South Wales, Australia and by using our Internet sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.