Terms of use

Thank you for visiting our website. This website is owned and operated by Local Property 4 Sale Pty Ltd ABN 58 161 944 136. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means Local Property 4 Sale Pty Ltd and our related bodies corporate.

1. Allowed Users

   1. You are allowed to use Local Property 4 Sale if you are doing research to buy or sell a dwelling in Australia.

2. Prohibited Users

   1. Use of this site is restricted to persons who are genuinely interested in buying or selling residential real estate in Australia. This includes buyers, potential buyers, real estate clients, potential real estate clients. You are prohibited from using this site if you are doing so on behalf of a competing real estate company or person, corporate entity other than a corporate entity whose sole or dominant activity is acting as a real estate agency or the buying, selling or holding of Australian residential real estate or the writing of news articles about real estate. If you are a prohibited user and want permission to use this website please contact us.

3. Registration

   1. You may need to be registered on our site to access certain features of our website.

   2. When you register you will provide us with personal information such as your name, email address and telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

   3. When you register you will have a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

   4. To register you must be:

      1. at least 18 years of age;

      2. possess the legal right and ability to enter into a legally binding agreement with us; and

      3. agree and warrant to use the website in accordance with these Terms.

4. Collection Notice

   1. We collect personal information about you in order to process your registration, give you access to our site, provide services to you and for the purposes otherwise set out in our Privacy Policy.

   2. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.

   3. Our Privacy Policy explains:

      1. (i) how we store and use, and how you may access and correct your personal information;

      2. (ii) how you can lodge a complaint regarding the handling of your personal information; and

      3. (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us.

   4. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

5. Accuracy, completeness and timeliness of information

   1. The information on our website is not comprehensive or perfect. Our database contains thousands of records, so it is inevitable that some of the data is wrong. Whilst we go to considerable effort to collect accurate data and correct inaccurate data, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website. And please, if you are aware of a data error on our site, contact us.

   2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

   3. We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

6. Australian Consumer Law

   1. In Australia, goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

7. Linked sites

   1. Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

8. Intellectual property rights

   1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software but excluding real estate photographs) made available on this website (Content).

   2. Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensor's.

   3. Unless you have entered into a separate written agreement with us for the payment to us of a monetary sum any reproduction or redistribution of this website or its Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

   4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. If you wish to share any part of the Content of this website with another person, copy the URL from your browser address bar and send the URL to that person. Any such person must also agree to these terms before they are allowed to view the content.

9. Limits on commercial use

   1. Unless you are a real estate agent with a separate contract with us or a real estate developer and you are using this website for those purposes, this website is only for personal, non-commercial use (excluding the buying or selling of a domestic dwelling in Australia). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. Save as stated in this clause you may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

10. Unacceptable activity

    1. You must not do any act that we now or in future deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

       1. Harvesting, scraping or otherwise collecting data from this website other than for the purpose of actual or potential real estate transactions and any such harvesting or scraping must be in accordance with a separate written contract between us;

       2. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

       3. using this website to defame or libel us, our employees or other individuals;

       4. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

       5. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

    2. If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

11. Warranties and disclaimers

    1. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content whatsoever, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

    2. We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

12. Liability

    1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

13. Jurisdiction and governing law

    1. Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.

----------  15 Oct 2013 version 1.1 ----------