Terms and Conditions of Use of eac.com.au Website
Estate Agents Co-operative Ltd (ABN 52 079 055 637) (“EAC” or “We/we”) maintains this website www.eac.com.au for your information, education, enjoyment and use. Please feel free to browse the website.
- If you are browsing this website as a non-commercial consumer, you may access material displayed on the website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.
- If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trademark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the website. Additionally, you may not:
- distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without EAC’s prior written permission; or
- use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to a EAC name, trade indicia, trademark, logo, product or brand without EAC’s prior written permission.
- Your access to and use of the website is also subject to the Website Terms and Conditions stated below and all applicable laws. By accessing and browsing the website, you accept, without limitation or qualification, the Website Terms and Conditions stated below.
- The material on this website resides on a server in the state of New South Wales. The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, Australia.
- The property information, maps and statistics are/may be compiled from Estate Agents Co-operative Ltd’s Red Square property information database.
- Neighbourhood Reports contain property sales information provided under licence from the Department of Finance and Services, Land and Property Information. Estate Agents Co-operative Ltd is authorised as a Property Sales Information provider by the Department of Finance and Services, Land and Property Information.
- The demographics are compiled from a variety of sources including the Australian Bureau of Statistics. Copyright in ABS Data resides with the Commonwealth of Australia. Used with Permission.
- Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
Website Terms and Conditions
- All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.
- Your use of the website is at your risk. EAC makes no warranties or representations as to its accuracy and, to the extent permitted by law, EAC specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither EAC nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if EAC has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all EAC products displayed on the website are provided to you “AS IS” and, to the extent permitted by law, is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Statutory warranties that are implied under Division 2 Part V Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.
- To the fullest extent permitted by law, EAC’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at EAC’s option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
- Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.
- EAC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. EAC also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
- If you send any communications or materials to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by EAC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, by sending or placing any such information, you grant to EAC an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
- Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, EAC. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Website Terms and Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.
- The website refers to products and/or services that are generally available in Australia but may not be available in your particular country or locality. The reference to any such products or services in this website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with an EAC authorised representative for specific product/service availability in your locality.
- EAC is not responsible for the content of any site linked to or from the website. Your linking to any other site is entirely at your own risk. While EAC may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. To the extent permitted by law, EAC disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
- Although EAC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like that may be included from time to time on the website, EAC is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, EAC from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by EAC arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms and Conditions.
- EAC will fully cooperate with any law enforcement authorities or court order requesting or directing EAC to disclose the identity of anyone posting such materials. In addition, you will not:
- Restrict or inhibit any other user from using or enjoying the website;
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or
- Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
- Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. EAC and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.
- In order to access certain parts of this website, you may be required to register a user or subscriber account with a log in name and password. In order to register a user account in the manner required, you must provide all information requested, including your full name, residential address, contact phone number and current and valid email address. Incomplete, ineligible or incomprehensible user account registrations will be deemed invalid.
- Where a user account is not supplied by EAC we recommend you use a pen name or pseudonym as your login name (rather than your real name) for security purposes. You will not be able to access certain parts of this website unless you have registered a user account in the manner required. You must log in to your user account in the manner required each time you wish to access the relevant part of the website.
- You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:
- immediately notify us of any unauthorised use of your password or account or any other breach of security; and
- ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account.
- We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
- We reserve the right to refuse requests to register user accounts in our sole discretion. Without limiting the above, this includes but is not limited to refusing requests for suggested user login names which are the same as or similar to existing user log in names or are inappropriate, offensive, obscene, abusive, defamatory or inciteful, and user names which infringe copyright, contain brand names, company names or registered trademarks, contain names of high profile or public figures or names promoting political, religious, social or economic issues. In creating your user account, you must not intentionally use the name of another living person.
- EAC may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Legal Notices and Website Terms & Conditions link.
- EAC reserves the right to change this website in any way without notice to you. If you have authorised user access to the website, your ability to access and use the website may be terminated at any time without notice to you.