These Terms and Conditions (Terms) govern your use of the website at www.clincher.com.au (Website). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service. By using, visiting, accessing this Website or otherwise registering, you are indicating that you have read, understood and accept to be bound by these Terms and Conditions. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing or using this Website for any reason. All references to “Buyers” in the Terms refers to those persons in the process of, or considering, buying a property.
Your continued use of this website and the Company’s services constitutes your agreement to these Terms and Conditions and any modifications to them
The Company authorizes You to view and access a single copy of the content available on or from the Website.
The content of the Website and all intellectual property rights in the Website, including, without limitation, text, graphics, images, logos, brands, trade marks, button icons, software, its look and feel, information, content, sounds, music, video, audio, text, layout, compilation, arrangement, assembly and organisation thereof and any other Website content (collectively Content), are protected under both Australian and foreign copyright, trademark and other laws. All such rights are reserved. All Content is the property of the Company or its content suppliers or clients.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trade mark, service-mark and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages making up the Website.
Nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated herein.
We do not warrant the accuracy, reliability, suitability or currency of the Content
Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation:
(a) in violation of any applicable law or regulation (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:
a) Posting any incomplete, false or inaccurate biographical information or information which is not your own. b) Buyers Agents and any of its related bodies corporate, affiliates and joint venture partners, and any directors, employees or agents of such entities (Agents), are prohibited to register on the Website as Buyers. Agents who register as Buyers will be excluded from using the Website and will be seen as breaching these Terms. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website. The Company also has the right to inform other users of any breach committed by You. c) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only. d) Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website. As soon as a Buyer accepts to be contacted by a Buyer Agent, the contact details of the Buyer will be released to the Buyer Agent. These contact details are then no longer regarded as unsolicited. e) Deleting or revising any material posted by any other person or entity. f) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. g) Taking any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure. h) If You have a user name and password allowing access to a non-public area of this Website, disclosing to or sharing your user name and/or password with any third parties or using your user name and/or password for any unauthorized purpose. i) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Company on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). j) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website. k) Aggregating, copying or duplicating in any manner any of the Content or information available from the Website. l) Framing of or linking to any of the Content or information available from the Website m) Violating any applicable State, Commonwealth or International Law, convention or regulation n) Harassing any individual or breaching the National Privacy Principles as set out by the Privacy Act 1988 (Cth).
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Website You agree not to, do the following things:
a) post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; b) post material that reveals trade secrets, unless You own them or have the permission of the owner; c) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; d) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; e) post material that is off-topic on topic-specific message boards; f) post a sexually explicit image or statement; g) post advertisements or solicitations of business, h) post chain letters or pyramid schemes; i) impersonate another person; or j) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted real estate information and related information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non performance of such activities.
The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate.
By submitting content to any public or non-public area of the Website, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
We appreciate hearing from our customers and welcome your comments regarding our services and the Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
You are responsible for maintaining the confidentiality of your information, user identification name, password or any other piece of information as part of our security procedures (log-in information) and for keeping it secure. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your log-in information. Notice provided by you in these circumstances does not release you from your responsibilities under these Terms. We shall not be liable for any loss that you may incur as a result of someone else using your account or your password, either with or without your knowledge. We have the right to disable any log-in information, whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
You further agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any, Buyers, Sellers, Vendors, Agents, Agencies and any other third parties.
These Terms are governed by the laws of Queensland and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Queensland and any Court competent to hear appeals from those Courts.