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Site Terms and Conditions of Use

 

  1. The Ray White (Real Estate) Partnership and its related bodies corporate of (Level 26, One One One Eagle Street, Brisbane, Queensland, 4000, Australia) (we, our, us), maintains this website and all associated microsites (collectively Website) for your information and convenience.  This document sets out the terms and conditions that govern the use of this Website (Terms).  Please review these Terms carefully, especially the disclaimer and limitation of liability sections.  By accessing this Website (other than to read these Terms for the first time), you accept and agree to these Terms.  You must not use this Website if you do not agree with these Terms.

  2. If you reside in any of the countries identified in the Country Specific Addendum to these Terms, then the country-specific provisions replace or supplement the equivalent provisions as noted.  The Website is prepared for use by users in Australia and the countries identified in the Country Specific Addendum only, and may not satisfy the laws of other countries.  You should not use this Website if you do not reside in these countries.

  3. To the extent permitted by law, we may change these Terms at any time.  Please check these Terms at regular intervals for any changes.  In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.

  4. Use of this Website

    1. The use of this Website is at your own risk.  You are responsible for all of your activity in connection with accessing and using this Website.  

    2. You must not use this Website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority.  You must not distribute through this Website any inappropriate communication or any virus or other disabling code in any form.

    3. You must not bypass any security mechanisms imposed by this Website, or tamper with, hinder the operation of or make unauthorised access or modifications to this Website.

    4. Certain parts of this Website may be restricted to certain users, and other terms of use may apply to the use of these other parts of this Website (Other Terms).  To the extent of any inconsistencies between these Terms and the Other Terms, the Other Terms will prevail.

  5. Disclaimers relating to the Website

    1. We do not warrant that access to this Website will be uninterrupted, or that the services and features offered on this Website will be error-free.  We reserve the right to change or discontinue any feature on this Website, the availability of this Website and the software required to access it.

    2. The information on this Website is provided for information purposes, general interest and enquiry only.  While we use reasonable efforts to ensure that the information on this Website is complete and up to date, to the extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on this Website.  Information may change without notice.  Before relying on any information on this Website, you should first verify the accuracy of the information and its relevance.  This may mean contacting our personnel or real estate agents before relying on any information on this Website.

    3. To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this Website, its content or its use.  Our liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of this Website again or, at our option, the payment of the costs of having an equivalent service supplied again.

  6. Third Party Content

    1. This Website may contain information and materials from third parties, including public comments, advertisements, feeds, data information, social media content and links to other websites (Third Party Material).  We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability).  Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.

    2. Without limiting the above, certain features of the Website aggregate Third Party Materials to produce results for you.  We rely on third parties to supply the Third Party Materials and we therefore do not warrant the quality or accuracy of the results.  To the extent permitted by law, we have no liability arising out of any results or recommendations produced by the Website, and you are responsible for the final choice of any property that you may choose.

  7. Limitation of Liability

    1. To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Materials, any recommendations or results generated by the Website, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.

  8. Security

    1. We take reasonable steps to protect the information that you transmit using this Website.  However, we cannot guarantee the security of any information that you transmit to us using this Website.  Therefore, any information you transmit using this Website is transmitted at your own risk.  When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.

  9. Intellectual Property

    1. Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on this Website.  To the extent allowed by law, no part of this Website may be scraped, reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

    2. All names, logos and trade marks on this Website are the property of their respective owners.  Nothing on this Website should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

  10. Privacy

    1. We may collect your personal information through this Website.  We collect, use, hold and disclose your personal information so that we can perform our business activities, to provide your contact details to relevant participating real estate agents, and to administer this Website.  We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us.  However, if you choose not to do so, then we may not be able to respond to you, or ask our participating real estate agents to contact you.

    2. In addition to using your personal information for the purpose for which it is given, we may also disclose your personal information to: (i) our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests or answering queries by you; (ii) suppliers and other third parties that supply services to us, for our business, marketing, and related purposes; (iii) regulators and law enforcement agencies; (iv) associated businesses that may want to market products to you; and (v) other organisations for any authorised purpose with your express consent.

    3. Our privacy policy, available at https://www.raywhite.com/privacy/, contains information about how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information, and how we will deal with such complaint.

    4. You consent to your personal information being collected, used and disclosed in accordance with these Terms and our privacy policy.  You must not submit the personal information of another person, unless that person has read, understood and accepted these Terms and our privacy policy.

  11. General

    1. If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

    2. These Terms are governed by the laws of the State of Queensland, Australia.

Country Specific Addendum

China (People’s Republic of China, excluding Hong Kong, Macau, and Taiwan)

This Country Specific Addendum (Addendum) is applicable to users of the Website who are residents of People’s Republic of China, excluding Hong Kong, Macau and Taiwan.

The following terms shall be deemed to be included in and form a part of the terms and conditions that govern the use of this Website (Terms).  To the extent of any conflict between the terms contained in this Addendum and the Terms, the provisions of this Addendum will prevail.

  1. Dispute resolution

Any dispute, controversy or claim relating to your access to, or use of, this Website and/or any of these Terms and our privacy policy shall be settled through friendly consultations between the parties to such dispute, controversy or claim. If settlement is not reached within thirty (30) days after a party’s initial request to resolve through consultations, it shall be finally resolved through arbitration before the China International Economic and Trade Arbitration Commission (“CIETAC”) Beijing Branch, which shall be conducted by a single arbitrator in Beijing in accordance with the arbitration rules of CIETAC in effect at the time of arbitration. The arbitral tribunal shall award the prevailing party its attorneys’ fees and related expenses incurred in connection with the arbitration. The decision of any arbitration made pursuant to this clause shall be final and binding on the parties and shall be specifically enforceable in any court having jurisdiction over the parties.

Hong Kong

This Country Specific Addendum (Addendum) is applicable to users of the Website who are residents of Hong Kong S.A.R.

The following terms shall be deemed to be included in and form a part of the terms and conditions that govern the use of this Website (Terms).  To the extent of any conflict between the terms contained in this Addendum and the Terms, the provisions of this Addendum will prevail.

  1. Consent to the collection and use of personal data

This Website may from time to time present a “scroll box”, a pop up dialogue box or similar mechanism, seeking your consent to the collection and use of personal information.  By clicking on the “I accept”, or “I consent” button, you consent to the collection and use of your personal information in accordance with the Terms, our privacy policy and the terms set out in the “scroll box” or dialogue box.

India

This Country Specific Addendum (Addendum) is applicable to users of the Website who are residents of India.

The following terms shall be deemed to be included in and form a part of the terms and conditions that govern the use of this Website (Terms).  To the extent of any conflict between the terms contained in this Addendum and the Terms, the provisions of this Addendum will prevail.

  1. Agency collecting and retaining your personal information

The details of the agency collecting your personal information are as follows:

Name: The Ray White (Real Estate) Partnership

Address: Level 26, One One One Eagle Street, Brisbane, Queensland, 4000, Australia

The details of the agency that will retain your personal information are as follows:

Name: The Ray White (Real Estate) Partnership

Address: Level 26, One One One Eagle Street Brisbane, Queensland, 4000, Australia

  1. Minors

You can only access and use this Website if you are of a legally binding contract age, as per the Indian Contract Act, 1872, which is currently 18 years. In all other cases you can be on the Website only with the involvement of a parent or guardian.

  1. User Obligations

You hereby acknowledge, understand and agree that your use of this Website will be in accordance with applicable law, including but not limited to the fact that you shall not host, display, upload, modify, publish, transmit, update or share any information that:

    1. belongs to another person and to which you do not have any right to;  

    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

    3. harms minors in any way;

    4. infringes any patent, trademark, copyright or other proprietary rights;

    5. violates any law for the time being in force;

    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    7. impersonates another person;

    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  1. Grievance Officer

The name and contact details of our Grievance Officer are as follows:

Privacy Officer

privacy@raywhite.comThe Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on our Website, in the event there are some concerns regarding such content.

Indonesia

This Country Specific Addendum (Addendum) is applicable to users of the Website who are residents of Indonesia.

The following terms shall be deemed to be included in and form a part of the terms and conditions that govern the use of this Website (Terms).  To the extent of any conflict between the terms contained in this Addendum and the Terms, the provisions of this Addendum will prevail.

  1. Language

Information on products and services provided in this Website is also available in Indonesian language.  While we use reasonable efforts to ensure that the Indonesian language is available and updated for all products and services information, to the extent permitted by law, we make no warranty or representation as to availability or completeness of such Indonesian language nor its accuracy to the English meaning.  In case of discrepancy between the interpretation of the Indonesian and the English language, the English language shall prevail.

New Zealand

This Country Specific Addendum (Addendum) is applicable to users of the Website who are residents of New Zealand.

The following terms shall be deemed to be included in and form a part of the terms and conditions that govern the use of this Website (Terms).  To the extent of any conflict between the terms contained in this Addendum and the Terms, the provisions of this Addendum will prevail.

  1. Changes to clause 1.3 of the Terms

Clause 1.3 of the Terms is replaced with the following:

“To the extent permitted by law, we may change these Terms at any time by posting the updated Terms on this Website.  Please check these Terms at regular intervals for any changes.  Your continued accessing of this Website following any such changes constitutes acceptance of the changes.  In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.”

  1. Changes to clause 6.1 of the Terms

Clause 6.1 of the Terms is replaced with the following:

“We take reasonable steps to protect the information that you transmit using this Website and that we hold.  This includes ensuring that personal information we hold is protected against loss and misuse by such security safeguards as are reasonable in the circumstances to implement.  However, we cannot guarantee the security of any information that you transmit to us using this Website.  Therefore, any information you transmit using this Website is transmitted at your own risk.  When using this Website, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of this Website.”

  1. Governing laws

This Addendum and the Terms are governed by the laws of New Zealand.

 

 

 

© 2016 Ray White (Real Estate) Limited Licensed (REAA 2008)