Terms of Use of Website Residz.com
Last updated on December 2022
PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE CONTINUING YOUR USE OF OUR WEBSITE AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
1. Terms of Use
1.1 MAPCITE AUSTRALIA PTY LTD (“we“, “us“, “our“), ABN 627 970 414, having its seat and registered office in Level 7, 92 Pitt Street, Sydney, 2000, Australia is the owner and administrator of the website, pexa.residz.com (the “Website“) providing services via the Website under the brand name Pexa Property Report (“Pexa Property Report”).
1.2 Your access and use of our Website is subject to and is governed by the applicable laws and the provisions of these Terms of Use, including any policies and other terms and conditions to which this document refers, and which are published on our Website.
1.3 These Terms of Use are the terms and conditions, on which we provide the text, software, format, documents, graphic and written work, and all other materials published on our Website (the “Content”). The Terms of Use establish the rules and obligations that apply to your use of the Website.
1.4 Any reference to "you" or "your" is a reference to the user of this Website.
1.5 By using our Website, you accept these Terms of Use. If you do not accept these Terms of Use, please refrain from using the Website.
2. Accessing the Website
2.1 You must be at least 18 years of age to use our Website. By using our Website and accepting these Terms of Use, you confirm that you are at least 18 years of age.
2.2 Our Website is for your own private use and is made available to you free of charge.
2.3 We do not guarantee that our Website, or any Content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period or is of inferior quality or contains any other error.
2.4 You are responsible for making all arrangements necessary for you to have access to our Website, including ensuring that your computer system meets all relevant technical specification necessary to use our Website and/or that it is compatible with our Website.
2.5 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions noted in clause 5 and that they comply with them.
2.6 We reserve the right to bar users from our Website and/or restrict or disable their access or use of any or all elements of our services permanently or temporarily at our sole discretion.
2.7 We recommend that you download and store a copy of these Terms of Use for any future reference.
2.8 You must not misuse our Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our Website, or attempt to carry out any of the foregoing.
(a) You must not use or attempt to use any automated program (including, without limitation, any scraping technology, bots, spider or other web crawler) to access our Website or Content. Any such use or attempted use of an automated program shall be a misuse of our Website and is strictly unauthorised.
(b) Do not reverse engineer, decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Website.
3. Changes to these Terms
3.1 We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
4. Changes to our Website
4.1 We update our Website and change the content on a regular basis. However, please note that any of the content on our Website may be out of date at any given time or suspended, and we are under no obligation to update it. We do not guarantee that our Website, or any Content on it, will be free from errors or omissions.
5. Other Applicable Terms
These Terms of Use refer to the following additional terms, which also apply to your use of our Website:
(a) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.
(b) Our Cookies Policy, which sets out information about the cookies that we use on our Website.
6. Viruses
6.1 We do not guarantee that our Website will be secure or free from bugs or viruses.
6.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
6.3 You must not take any action that could damage or adversely affect the performance or proper functioning of our Website, or misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Australian legislation. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
6.4 You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to our Website.
6.5 Whenever you make use of features that allow you to upload content to our Website, or to make contact with other users via our Website, you must comply with the set standards for content as provided in clause 7 below. You warrant that any such contribution does comply with the standards mentioned in clause 7 and, if you are a business, you shall indemnify us against any breach of this warranty committed by you.
7. Interactive Services and Content
7.1 We collect personal information about you such as but not limited to, name, e-mail address, address, and any other information contained in messages that you send to us or other users of our Website. For more information on how we use your personal data, please read our Privacy Policy.
7.2 All content that you upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, including publishing, any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Website breaches that third parties’ legal rights.
7.3 The views expressed by users on our Website do not represent our views or our values. They are independent views unrelated to our company.
8. Registration
8.1 To gain access to certain details and services on our Website you will need to register (free of charge) as a Residz user. You must be at least 18 years of age to register. At our discretion, we may refuse your application for registration. If we accept your application for registration, you will be given access at the point of application.
8.2 Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
8.3 You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
8.4 You accept sole responsibility for all use of and for keeping secret any password that may have been given to you or chosen by you. You will notify us immediately of any unauthorised use of them or any other breach of security of our Website of which you become aware.
8.5 We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8.6 If you wish to “List” a property for sale or add a “Dream Price” for a Property, you must:
(a) be the legal owner of that property and have all necessary rights and permissions to represent that property or have the written permission of the legal owner to represent the property on their behalf.
(b) any information you provide about the property, in the Listing details, photographs or communication with other users of the site, must be accurate to the best of your knowledge.
(c) have fulfilled any National or State level legal obligations before listing.
9. Intellectual Property Rights
9.1 We are the owner of our Website and licensee or otherwise have permission to use all the Content published on it. All works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
9.3 You must not use any illustrations, photographs, video or any graphics separately from any accompanying text. For more information, please read clause 12 on Copyright.
9.4 All authors of the Content on our Website must always be acknowledged.
9.5 You must not use any part of the Content on our Website for commercial purposes without our prior written consent or without obtaining a licence to do so from our licensors.
9.6 If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. Warranty
10.1 The Content on our Website is provided for general information only. It is not intended to provide any advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website. We do not accept responsibility or liability to users or any third parties in relation to the use of the Content on our Website. If you wish to find out more information about the Content published, please contact us using the forms provided on our Website.
10.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date and by your use of the Website you agree that we are not liable for any loss attributable to such information being incorrect or misleading.
10.3 Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or error-free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
10.4 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
10.5 Residz is not an estate agency. The details of the properties available on this Website are provided to us by our users for your information only. We do not verify the ownership or property details provided to us and give no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all property and ownership details before making any decisions or taking any action in relation to a property advertised on our Website.
11. Linking to our Website
11.1 You may link to any of our Website’s pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 Our Website must not be framed on any other website.
11.4 We reserve the right to request that you remove an electronic link to our Website at any time and you agree to remove such a link immediately.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 If you wish to make any use of the Content on our Website other than that set out above, please contact info@residz.com
12. Copyright
12.1 Copyright in some of the Content available on our Website belongs to third parties and has been produced on our Website with the permission of the third-party copyright owners. Please check the copyright notices of those third parties.
12.2 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked on our Website, you do so at your own risk.
12.3 With the exception of copyright belonging to third parties and unless otherwise stated, copyright in the pages of our Website and all other Content available through it belongs to Us.
13. Liability for Loss or Damage
13.1 Regardless of whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.
13.2 We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
13.3 We do not accept any liability for loss of your login details such as password or ID account caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
13.4 We may install such systems as we from time to time see fit to prevent automated programs from being used to obtain unauthorised access to our system and our Website. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or our Website.
13.5 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
13.6 If you choose to contact our users using the Website, your details (including your e-mail address, telephone number and the address of the property you are representing or discussing) will be sent to the user that you are communicating with. We do not accept any liability for any subsequent communications that you receive directly from that user.
13.7 If you are a consumer user:
(a) please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.8 If you are a business user, subject to clause 10:
(a) we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
(b) we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
14. Applicable Law
These Terms of Use shall be construed in accordance with the laws in New South Wales, Australia.
15. Contact Us
If you have any questions in relation to these Terms of Use of our Website, please contact us at info@residz.com
Thank you for using Residz.