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ITradeProperty Website Terms of Use

between

ITradeProperty (an Australian company)

and

the user of this website ("You" or "Your")

Welcome to ITradeProperty. The ITradeProperty Website Terms of Use set out below (Agreement) govern Your use of the ITradeProperty Website located at http://www.ITradeProperty.com (ITradeProperty) and form a binding agreement between ITradeProperty and You in relation to Your use of ITradeProperty.

Please read all of the Agreement carefully before using ITradeProperty. If You have any questions, please contact ITradeProperty prior to agreeing. By using ITradeProperty, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.

1. Using ITradeProperty ? general requirements

• 1.1 ITradeProperty Pty Ltd will make ITradeProperty.com available to You on the terms and conditions of this Agreement.
• 1.2 You may use ITradeProperty.com in accordance with this Agreement, including the licence granted in clause 3.
• 1.3 ITradeProperty takes the accuracy of its Database very seriously. If You see any material on ITradeProperty which:
  1. (a) infringes any law, regulation, standard or relevant industry code;
  2. (b) breaches the requirements of this Agreement; or
  3. (c) is incorrect,
  4. please let us know as soon as possible by contacting us via the Contact ITradeProperty webpage.
• 1.4 ITradeProperty contains content created by third parties (i.e. not by ITradeProperty), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any property listed on ITradeProperty, any Third Party Content or the products or services offered by any property listed on ITradeProperty.
• 1.5 Automated access to ITradeProperty by or on behalf of internet search engines is permitted.
• 1.6 Subject to clauses 1.5, You must not:
  1. (a) access ITradeProperty other than through the normal ITradeProperty web interface;
  2. (b) access ITradeProperty through any automated means (including, without limitation, through the use of scripts or webcrawlers);
  3. (c) use ITradeProperty if You have previously been barred from using it, any other "ITradeProperty" branded website or any other website operated by ITradeProperty;
  4. (d) infringe the intellectual property rights of others;
  5. (e) impersonate or falsely state or misrepresent an affiliation with any person or organisation;
  6. (f) use ITradeProperty or any information contained on ITradeProperty in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
  7. (g) violate (or cause ITradeProperty to violate) any applicable law, regulation, standard or relevant industry code;
  8. (h) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on ITradeProperty which does not form part of Your property Listing; or
  9. (i) supply any service through ITradeProperty, other than through off-line commercial activity generated by the property Listing for Your own property (being activity which takes place off the internet or off the ITradeProperty website).
• 1.7 You acknowledge and agree that ITradeProperty retains complete editorial control over ITradeProperty and that ITradeProperty may, in its sole discretion and without notice to You:
  1. (a) reject, remove, delete or amend any material contained on ITradeProperty or in the Database at any time, including (without limitation) any material contained in any property Listing;
  2. (b) reject, refuse, remove, delete or amend any Content at any time;
  3. (c) position Content and/or any property Listing as it sees fit; and
  4. (d) stipulate other conditions to ensure that the commercial nature of Content is clear.
• 1.8 ITradeProperty reserves the right to modify, discontinue or disable ITradeProperty or any part of ITradeProperty (on a permanent or temporary basis) at any time.
• 1.9 ITradeProperty may terminate this Agreement, remove Your property Listing and/or refuse You access to ITradeProperty if You have breached, or we consider that You will breach, this Agreement or for any other reason that ITradeProperty, in its sole discretion, sees fit.
• 1.10 You acknowledge and agree that certain property Listings on ITradeProperty have been paid for by a property and will therefore be displayed before free property Listings in the relevant search results.

2. property Listings

• 2.1 You may use ITradeProperty to add, amend and/or update a property Listing, solely on the terms and conditions of this Agreement.
• 2.2 All Content must:
  1. (a) be complete and accurate;
  2. (b) be supplied in the manner and format specified on ITradeProperty or as otherwise directed by ITradeProperty;
  3. (c) not be of a nature likely to bring ITradeProperty or ITradeProperty into disrepute; and
  4. (d) comply with all laws, regulations, standards and relevant industry codes.
• 2.3 You must not:
  1. (a) use ITradeProperty to add or amend a property Listing where You do not have the express authorisation of that property to do so;
  2. (b) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
  3. (d) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;
  4. (e) infringe the intellectual property rights of others; or
  5. (f) breach a law including, without limitation, any law that restricts advertising of a profession.
• 2.4 If any of the information in the property Listing for Your property changes, becomes out of date, or no longer complies with this Agreement, You must:
  1. (a) immediately amend Your property Listing so that it complies with this Agreement; and/or
  2. (b) immediately notify ITradeProperty.
• 2.5 You acknowledge and agree that by posting Content onto ITradeProperty You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from ITradeProperty or any ITradeProperty authorised third party.
• 2.6 You must provide ITradeProperty with a copy of the authorisation described in clause 2.3(b) on request.

3. Intellectual Property Rights

• 3.1 ITradeProperty and the Database are owned and operated by ITradeProperty. You acknowledge and agree that all intellectual property rights comprised in or relating to ITradeProperty and the Database belong to ITradeProperty or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
• 3.2 You may download and view content and/or print a copy of material on ITradeProperty for Your own use only, provided You do not:
  1. (a) modify the content (including, without limitation, any copyright notice) in any way;
  2. (b) make the content public; or
  3. (c) use the content in a manner or for a purpose prohibited by this Agreement.
• 3.3 You must not do anything which breaches or otherwise interferes with ITradeProperty's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on ITradeProperty without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the Contact ITradeProperty webpage.
• 3.4 We may publish and communicate to the public any Content. By posting Content onto ITradeProperty, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:
  1. (a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on ITradeProperty and as part of the Database; and
  2. (b) permit any other person to do any of the things referred to in paragraph (a), (Licence).
• 3.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
• 3.6 For the avoidance of doubt, You acknowledge and agree that:
  1. (a) the Licence includes a right for us to:
     1. (i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;
     2. (ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;
  2. (b) we will allow ITradeProperty users to search Content You have posted; and
  3. (c) You will do everything necessary (including without limitation, on request, execution of any documents) to give ITradeProperty the full benefit of the licences, waivers and consents set out in this clause 3.
• 3.7 The Licence will survive any termination of this Agreement.
• 3.8 Your use of some Third Party Content (including, without limitation, third party websites linked to ITradeProperty) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on ITradeProperty) constitutes a licence or right for You to use such content.

4. Privacy

• 4.1 Any personal information collected by ITradeProperty will be dealt with in accordance with the ITradeProperty Online Privacy Policy.
• 4.2 You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the ITradeProperty Online Privacy Policy. If You include any personal information about any person in any Content, You must:
  1. (a) provide that person with a copy of the ITradeProperty Online Privacy Policy prior to providing us with that personal information; and
  2. (b) where possible, have that person provide us with that personal information directly.

5. Warranties

• 5.1 You represent and warrant to ITradeProperty that:
  1. (a) You are fully authorised to publish and to authorise ITradeProperty to publish all Content (including, without limitation, having full authorisation from any property whose property Listing You add, amend or update);
  2. (b) You are least 18 years of age and have the legal capacity to enter this Agreement;
  3. (c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
  4. (d) You have the ability to grant the Licence;
  5. (e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
  6. (f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
  7. (g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
  8. (h) You have obtained the consent of all individuals whose personal information is included in the Content to:
     1. (i) the collection of that personal information by ITradeProperty; and
     2. (ii) the use and disclosure of that personal information in accordance with the ITradeProperty Online Privacy Policy;
  9. (i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of ITradeProperty; and
  10. (j) each website represented by any URL shown or embedded in the property Listing for Your property:
      1. (i) is controlled and operated by Your property or its independent contractor;
      2. (ii) will be functional and accessible at all times; and
      3. (iii) is suitable in all respects, including (without limitation) subject matter, to be linked to ITradeProperty.

6. Liability

• 6.1 To the full extent permitted by law and subject to clause 6.4, ITradeProperty excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.
• 6.2 ITradeProperty is provided "as is", and You acknowledge and agree that ITradeProperty has no control over Third Party Content and that Your use of ITradeProperty (including, without limitation, all material obtained from or linked to ITradeProperty) is at Your sole risk. Nothing on ITradeProperty constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on ITradeProperty.
• 6.3 To the full extent permitted by law, ITradeProperty excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
  1. (a) Your use of, or reliance on, ITradeProperty (or any information contained on or linked to ITradeProperty);
  2. (b) any dealing You have with any property displayed on ITradeProperty.
• 6.4 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which ITradeProperty is entitled to do so, ITradeProperty limits its liability in respect of any claim under those provisions to:
  1. (a) the supply of the services again; or
  2. (b) the payment of the cost of having the services supplied again.
• 6.5 You hereby indemnify and hold harmless ITradeProperty and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
  1. (a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;
  2. (b) any act of fraud or wilful misconduct by or on behalf of You; and
  3. (c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.

7. General

• 7.1 We may provide You with notices by email, mail or by posting content on ITradeProperty.
• 7.2 You should carefully read and agree to this Agreement each time You use ITradeProperty. Whilst ITradeProperty hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using ITradeProperty (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
• 7.3 ITradeProperty may assign this Agreement provided that the relevant assignee undertakes to perform all of ITradeProperty's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
• 7.4 The indemnities in this Agreement are:
  1. (a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
  2. (b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
• 7.5 This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

8. Definitions

• In this Agreement:
• ITradeProperty means ITradeProperty Pty Limited (ABN ) of 43-45 Stokes Street, Lane Cove NSW 2066, Australia.
• Content means all content posted by You onto ITradeProperty including, without limitation, all text, graphics, icons, photographs and URLs.
• Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
• property Listing means a property listing in the Database. A property Listing may contain information about the listed property, for example, contact details.
• Database means the national database of property Listings which is collected by ITradeProperty and made accessible to the public via the online property directory on ITradeProperty.