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Terms & Conditions

As a user of this site, your use of it, including selling and buying on this site and other linked sites operated by My Real Estate Voice (is subject to the terms set out in these Terms and Conditions (“Terms”).

About the My Real Estate Voice website (“MREV”).

(a) The MREV site is an online advertising medium that advertises properties and businesses for sale where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately.

(b) The terms set out in the following paragraphs apply generally to all users to the MREV site (including registered users and browsers of the MREV site). We recommend that you carefully read these terms before you use the MREV site.

Copyright

Copyright in the content on the MREV site and in the MREV site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.

Transactions between sellers and buyers

We are not an agency and are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the MREV site, the accuracy or truth of any advertising listings on the MREV site or the ability of sellers and buyers to actually enforce or complete a transaction.

Placing an ad

1) If you place an advertisement (“ad”) on the MREV site you must also comply with the following rules;

a) Ad Titles and descriptions must not include contact information such as your name, telephone numbers or email addresses.

b) You must not include pricing information within ad titles or descriptions. Pricing must only be entered into the pricing field.

c) You must not use offensive language or profanities.

d) Ads must not infringe third party intellectual property rights. Any alleged infringements of the intellectual property rights of a third party will result in the removal of the ad.

e) The item must be described accurately and honestly in the ad. Misrepresentation can include:

f) listing ads in inappropriate categories.

g) entering keywords in the title or description that do not appropriately describe the item.

h) identifying an inaccurate location of the item.

2) If we place an advert on the MREV site on your behalf we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details.

3) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.

4) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.

Usage rules

You warrant to us that you will not use the MREV site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.

1) You must not:

(i) data mine or conduct automated searches on the MREV site or the content on the MREV site, whether through the use of additional software or otherwise;

(iii) use the MREV site or any facilities available on the MREV site for any activities (including placing an ad), or transmit to or via the MREV site any information or material which:

1. breaches any laws or regulations;

2. breaches the Terms;

3. infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;

4. is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);

5. is false or misleading;

6. is an unsolicited commercial electronic message;

7. impersonates another person (for example, by pretending to be someone else when you register as a member) or uses another user’s account without permission; or

8. identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;

(v) make unauthorised modifications to the content on the MREV site;

(vi) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the MREV site; or

(vii) attempt to do, or permit another person to do, any of the above acts.

2) You may download and print individual advertising listings from the MREV site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the MREV site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the MREV site for commercial purposes or for commercial gain.

3) It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from the MREV site.

Our right to alter or withdraw your material

We may withdraw or alter any material you provide us if:

(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or

(b) we are instructed to do so by any third party.

We also reserve the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your ad.

Communications to you

(a) Any communications or notices we send you in relation to your transactions or use of the MREV site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the MREV site and it is your responsibility to exercise caution on the MREV site.

(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.

Fees

We will notify you the fees payable for your use of the services available on the MREV site and you will be responsible for paying these fees. Your fees to us for the services provided by the MREV site (including any third party website packages) are non refundable.

No Warranty

(a) We take all reasonable care in compiling our print and online advertising. However, the information in our publications and on the MREV site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.

(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the MREV site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any property or business advertised on the MREV site or in any of our print publications. It is your responsibility to verify any information on the MREV site or in any of our print publications, or provided to you by other users of the MREV site before relying on it.

(c) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the MREV site. However, availability of our services and access to the MREV site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the MREV site will be continuous, uninterrupted, timely, fault free, virus free or secure.

Our liability to you

a) The terms that apply to our supply of the MREV site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:

(i) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the MREV site, including in relation to transactions entered into with other users of the MREV site;

(ii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);

(iii) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and

(iv) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

(v) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.

c) You release us and our related bodies corporate from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the MREV site.

Your liability to us

You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.

Termination, suspension and limitation of your access

(a) We may bar, suspend, terminate or limit your access to the MREV site at any time if you are in material breach of the Terms and:

(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or

(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the MREV site immediately by telling you).

(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid.

Our other rights to terminate, suspend or limit your access

We may suspend, terminate or limit your access to the MREV site with as much warning as we reasonably can, if:

(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the MREV site (including credit risk resulting from you not paying any fees owed to us on time);

(b) the law requires us to do so;

(c) we believe on reasonable grounds that providing access to the MREV site to you is illegal or may become illegal;

(d) there is an emergency; or

(e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.

Other websites

(a) The MREV site may contain links to other websites which are not maintained or controlled by us or our related companies. These sites are not part of the MREV site. Any links are provided by us solely for your convenience.

(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the MREV site and do so entirely at your own risk.

(c) We take no liability, make no representations or warranties whatsoever, for any person/business/company/robot who has accessed or copied any data or advertisements from our website for any other purpose.

Partner websites

1) MREV may be reliant on other websites (partner sites), for other packages made available to our customers. MREV subscribes to and pays fee’s to be able to provide these services and may have individual agreements with our partner sites. MREV takes no liability if any changes, disruption or cancellation of any agreements or services provided by any of it’s partner sites, occur. If in the event your advert is disrupted or enabled, any pre-paid fees from our customers to MREV are non-refundable. You indemnify MREV from any actions on your behalf should MREV be unable to provide access or continued advertisements, to any of its partner sites at any stage.

2) If we place your advert on any third party or partner site, we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details and report any discrepancies to us by email or in writing.

2) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.

3) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.

No offer where illegality arises

Nothing on the MREV site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Privacy

The personal information you provide MREV may be used for a number of purposes connected with our business operations, which include:

· processing your orders or requests;

· carrying out credit checking;

· providing you with products and/or services requested;

· billing you or administering your account;

· dealing with requests, enquiries or complaints and other customer care related activities;

· carrying out market and product analysis and marketing our products and services generally;

· contacting you about our group companies' products and services;

· carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

We may also use your personal information for purposes related to those described above which would be reasonably expected by you. We will not use your information for purposes other than described above unless we have your consent or there are specified law enforcement or public health and safety reasons.

MREV may disclose or receive personal information or documents about you to/from:

· credit providers or credit reporting agencies for the purposes permitted under the Privacy Act;

· law enforcement agencies to assist in the prevention of criminal activities;

Unless you consent, we will not disclose your personal information to third parties, other than those who have contracted with MREV to keep the information confidential, or who are subject to obligations to protect your personal information.

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.

Changes to the Terms

a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the MREV site and by posting a notice to users on our homepage stating that a change has occurred.

Miscellaneous

(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.

(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

(d) The Terms (and your dealings with us) are subject to the laws of Queensland, Australia.