Terms and Conditions
- These terms constitute a binding contract between The Avenue Property Co, its owners, predecessors, affiliates, officers, directors, employees, agents, contractors, investors, successors and/or assigns (“The Avenue Property Co”, “us”, or “we”) and you. These Terms comprise the entire agreement between The Avenue Property Co and you with respect to the use of the Site and supersede all contemporaneous and prior agreements concerning the subject matter contained herein. The clauses herein are severable in that if a court of competent jurisdiction holds that any part of these terms is invalid or unenforceable the remainder of these Terms remains in full force and effect.
- By entering this site, you hereby acknowledge and agree that this website will only be construed and evaluated according to United States law. If you use this site from other locations you are responsible for compliance with any and all applicable local laws. We make no representations that the materials contained within this site are appropriate for locations outside Australia.
- You represent that you are a prospective purchaser, seller, lessee or lessor of real property in the geographic areas of The Avenue Property Co licensed operation with a bona fide interest in the purchase, sale or lease of such real property.
- You must register your use and/or intended use of the Site by creating an account with a user name and password that will not be used by or shared with anyone else. Your account is non-transferrable and non-assignable. You must be eighteen (18) years of age or older to register for an account.
- You must provide accurate and correct information, and you must maintain the currency of your information. The Avenue Property Co is entitled to rely on the accuracy, correctness and currency of the information you provide. By registering for an account, you consent to be contacted by The Avenue Property Co, and to receive personalized emails, telephone calls, and/or faxes from us. The Site and all related transactions are intended to be accessed and conducted electronically. If we are ever required to communicate or transact with you non-electronically, for legal or other reasons, we reserve the right to charge you increased fees.
- We will not give, sell or otherwise transfer your address or Account information to any other party for the purposes of initiating, or enabling other to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Anyone who engages in the aforementioned activity may be found in violation of Federal Law.
- Notices from The Avenue Property Co, including legal notices, will be sent via electronic mail to the address associated with your account. You will be considered to have received a notice when sent by The Avenue Property Co to your email address, whether it was received by you or not. Any notices that you wish to send to us must be sent by mail to The Avenue Property Co – 44/148 Chesterville Road, Cheltenham, VIC, 3192.
- By agreeing to these terms, you acknowledge that you are entering into a lawful broker-consumer relationship between us and you, albeit not an exclusive one, as may be defined under state law. You represent that you have not signed any agreement with any other real estate agent, broker, salesperson, or similar state licensed real estate professional (“Real Estate Agent”) that would prevent you from using The Avenue Property Co as your agent, nor do you have any contract agreement with a third party that would hinder or interfere with our relationship. You agree to notify us immediately in the event that you enter into a listing agreement, or any other agreement or contract with a Real Estate Agent.
- The Site is for personal use only. You may not reproduce, copy, sell, repost to other sites or otherwise exploit the Site or any part thereof, or access or use the Site for any commercial purposes. If you are a Real Estate Agent and wish to access the Site for your customers, you must first enter into a co-brokerage agreement with The Avenue Property Co. No person, including without any Real Estate Agent, may make any commercial use of any content of this Site, including without limitation marketing, advertising or copying of any listings on the Site, or contacting or engaging in any sort of outreach to sellers or owners of any properties listed on the Site. You agree that we have the right to terminate or deny access to any Real Estate Agent or any person as we may deem appropriate.
- You may not take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site. You are prohibited from accessing or using the Site in any way that is not in compliance with any applicable local, state, national or international law, agency rules or regulations, contract, intellectual property rights or constitutes the commission of a tort, other than in full compliance with these terms. Access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms. The Avenue Property Co reserves the right to make such determinations regarding the conduct of any individual.
- You may not use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters.” You may not frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose. You may not impersonate or misrepresent your affiliation with any person or entity. You may not reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site. You may not send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient.
- As set forth in the Privacy section of this Site, you are bound by the intellectual property laws that protect the Site. The Avenue Property Co reserves all rights in the content of its website, including software, not expressly granted in this document. All rights in all material and content including, but not limited to, text, images, web pages, sounds, software (including code, interface, and website structure), and video, and the look and feel, design, and compilation thereof on the website are owned or licensed by us.
- You may not reproduce distribute, modify, publicly display, or prepare derivative works of any content, including software, without prior, express, written permission from The Avenue Property Co. The Avenue Property Co grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to privately display the content of this Site on your computer and to download and print a single copy thereof, subject to the restrictions set forth herein.
- You shall not copy, redistribute, or retransmit any of the Site’s information or data, except in connection with your consideration of the purchase, sale or lease of an individual exclusive property.
- These terms shall remain in full force and effect until terminated in accordance with this Section. The Avenue Property Co may, at any time, terminate your access to the Site and/or your Account for any reason, consistent with local, state and federal, and/or relevant agency laws and/or rules. We reserve the right to use our discretion to determine whether or not you have violated any clause herein or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of The Avenue Property Co, our users, or any other person. The Avenue Property Co will not be liable to you or any third party for any termination of your Account or your access to the Site.
- The Avenue Property Co, its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers (including listing service providers), investors, successors and assigns specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Site, whether for breach of contract, tort, negligence or any other cause of action.
- All information, content and service available on the Site are for information purposes, and are not intended to be comprehensive, and may not be accurate, exact or up to date. Such information, content and service may be updated, changed, withdrawn and modified at any time and without notice. Square footage and dimension information is approximate. Any representations of furnishings or decorations are for illustrative effects only. Any listing may be sold or rented at any time without notice. The Avenue Property Co is not responsible and does not accept any liability for omissions or inaccuracies on the Site. If you rely on any information, content or service on the Site, you expressly agree that you do so at your own risk. You agree that you are solely responsible for any damage or loss you may incur as a result of you reliance or usage of any information, content or service on the Site. If you are dissatisfied with any of the information, content, and/or service of this site, or with any of these terms, your sole remedy is to discontinue your use of the Site.
- You agree to indemnify, defend and hold harmless The Avenue Property Co from any and all claims or damage, including attorney’s fees, arising out of or related to your use of or connection to the Site, your violation of these Terms or your violation of the any rights of another. To the extent permitted by applicable law, The Avenue Property Co shall not be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of or connection to the Site. The Avenue Property Co shall not be liable to you or any other third party for your inability to gain access to or use the Site. Even if The Avenue Property Co has been advised or notified of damages or potential damages, The Avenue Property Co shall not be liable for any of the foregoing or for any breach of any warranty.
- This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
- These Terms are for the sole benefit of The Avenue Property Co. No other person, including any user of the site shall have the right to assert a claim under these Terms. These Terms and all performances and claims between us are governed by the laws of the State of Victoria and Australia. You and The Avenue Property Co submit to the personal jurisdiction and venue of the State Courts and Federal Courts located within the State of Victoria. The parties hereto waive the right to trial by jury.
- Any action concerning any dispute with respect to the Site must be commenced within two years after the cause of the dispute arises, or the action is barred. The failure of The Avenue Property Co to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or the right to act with respect to subsequent or similar breaches.
- It is our policy to terminate any Account or user for infringement of intellectual property rights, including trademark rights and copyrights. The Avenue Property Co may disclose any of your information or data related to a complaint of copyright infringement if we believe in our sole discretion that such action is necessary or useful to address an alleged infringement.
- If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the alleged infringing activity and where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- This site includes certain trademarks, logos and service marks owned by The Avenue Property Co. Nothing on this website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the website without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the website and its content. This website and all its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the Australia. You are prohibited from using any trademarks or service marks in any manner without the express written permission of The Avenue Property Co. You further agree that you will not alter or remove any copyright, trademark or other legal notice from any content on the Site.
- These terms constitute the final and binding agreement between the parties regarding the subject matter hereof, and supersedes all prior agreement, oral or written. The failure or delay of The Avenue Property Co to insist upon strict performance of any terms, conditions or covenants herein shall not be deemed a waiver of any rights or remedies that The Avenue Property Co may have, nor shall it be deemed a waiver of any subsequent breach or default in any of the terms, conditions, covenants herein.
Thank you for your interest in registering to use www.theavenuepc.com.au. If you have any questions or comments about these Terms and Conditions of Use, the Privacy Notice, or this website, please contact us by email at email@example.com.
Effective: August 20th, 2018