This document describes the terms and conditions under which MillionPlus.com.au,
ABN 26 472 874 961 ("we", "us", "our" or "MillionPlus") provide this Internet site ("the site") and services ("the Service") to you, where "you" are a user of the Site and the Service. You must read these terms and conditions carefully before using the Site. By using the Site or any part of the Site or the Service, you agree to be bound by these Terms and Conditions as well as our Privacy Policy.
1. MillionPlus.com.au
The Site is owned and operated by MillionPlus. By using the Site you agree to these terms and conditions and agree that you have read and understood this document.
These Terms and Conditions together with the Privacy Policy form the entire agreement between MillionPlus and you.
MillionPlus may vary the Site, the Service or any information available on the Site, or any part of them; modify or discontinue any part of the Site or any information on the Site without prior notice. MillionPlus may, without prior notice, deactivate all or part of the Site or Service to carry out system maintenance, upgrading, testing or repairs.
MillionPlus may amend these Terms and Conditions, the Privacy Policy and any other relevant agreements at any time by publishing the amendments on the Site. The amendments will be deemed effective seven calendar days after they have been communicated to you by being published on the Site. If you continue to use the Site after this time you agree to be bound by the amended terms and conditions, Privacy Policy and all related attachments.
The Site and Service are available to everybody who can form legally binding contracts under applicable law. The Site and Service are not available to persons under 18 years of age unless you have specific permission from a parent or legal guardian. In this case the parent or guardian must read and agree to these terms and conditions.
If you are a register user of the Site and the Service or any parts of them, you will be required to use your e-mail address and password for accessing the Site and the Service.
You must not reveal your password to any other persons and must use your password in accordance with these terms and conditions.
2. Your Information
"Your information" is any information you provide to MillionPlus or its users while using the Site or the Service.
Your information must not:
- be false, inaccurate or misleading;
- infringe any third party's copyright or other proprietary rights or rights of publicity or privacy;
- contain any viruses, worms, time bombs, cancel bots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
You are prohibited from posting to or transmitting through the Site any unlawful, harmful, abusive, defamatory, threatening, harassing, vulgar, profane, hateful, obscene, racially, ethnically or otherwise objectionable information, including (but not limited to) any information which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, federal or international law.
You must:
- if you are advertising a property, only advertise property / accommodation that is currently available
- if you are advertising a property / properties for sale, mark your property listing as "SOLD" within 72 hours of the sale
MillionPlus does not control, endorse or approve any information provided by other users which is made available through the Site and the Service.
You are responsible for all charges associated with connecting to the Site and Service through an available access number and responsible for all telephone access lines, telephone and computer equipment, or other access devices, necessary to access the Site and Service.
MillionPlus reserves the right to remove any information you save or upload to the Site without prior notice, including (but not limited to) database records, documents, video and image files. You agree that MillionPlus may monitor the Site and may take any action with respect to your information under these terms and conditions.
If you do not wish your property information to be shared with any other property portal, property website or other website you may opt out. This is done by accessing the drop down box in the Agents section of the site and selecting to opt out. You can also opt out by contacting Millionplus directly at info@millionplus.com.au or calling on 1300 377 037.
3. Copyright
The subject matter on and accessible from the Site including (but not limited to) information, files, video, images and data is copyright under Australian copyright laws.
You acknowledge that all content on the Site: information, files, data, software, photographs, illustrations, video, graphics, text and other materials ("the Content") are protected by copyright or other intellectual property rights.
MillionPlus grants users permission to download and display its copyright information and any content materials only for private purposes. Permission must be sought directly from MillionPlus for reproduction or use of any information and content materials on the Site beyond such uses.
You must:
- not yourself, or participate in or permit other person sell, distribute or modify or otherwise use any of the Content, in whole or in part, for any purpose without prior written permission from MillionPlus;
- not infringe the intellectual property rights of any person using the Site and the Service.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
4. Links
MillionPlus has not reviewed the sites linked to the Site and are not responsible for the Content or accuracy of any pages or any other sites linked to the Site. You must determine whether any page is part of the Site when you follow a link to that page.
Your correspondence or dealing with advertisers on the Site are solely between you and such advertisers. MillionPlus will not be responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of presence of advertisements on the Site.
5. Privacy
MillionPlus's Privacy Policy sets out the type of personal information about you which we may collect and use.
6. Disclaimer of Warranty
You acknowledge that:
- MillionPlus is an information provider and is not a real estate agency. The information and materials contained in the Site is general and may not apply to your circumstances. This information should not be used as a substitute for professional legal, financial or real estate advice;
- MillionPlus excludes all warranty in relation to the Content and any other information available from the Site and the Service and disclaims all liability arising out of or consequent to any use of or access by you of the Content or any other information available from, or through the Site and Service; any computer virus which occurs as a result of accessing the Site or Content or other information from the Site;
- MillionPlus excludes warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service;
- MillionPlus disclaims any and all warranty, including without limitation any warranty concerning the availability, accuracy or content of information, products or services, and any warranty of title or warranty of merchantability or fitness for a particular purpose;
- you use the Site and the Service at your own risk.
7. Liability
MillionPlus is not liable to you or any other persons for any losses, damages, costs, expenses or liability directly or indirectly suffered by you as a result of your accessing, use or misuse of the Site and Service, or by your reliance on any Content or any other information available from or through the Site and Service.
You agree that MillionPlus is not liable for the defamatory or illegal conduct of other users or third parties. MillionPlus and any of its partners, agents, providers or affiliates shall not be liable for any damages arising out of use of the Site and Service.
8. Indemnity
You will indemnify and keep indemnified MillionPlus and its subsidiaries, officers, agents, employees and affiliates from and against any loss (including legal costs and expenses) or liability incurred by MillionPlus arising from any claim, demand, suit, action or proceeding against MillionPlus where such loss or liability arose out of:
- your reliance on the Site, the Content or any other information on the Site;
- breach of any terms and conditions of this agreement by you or your employees, agents or representatives;
- any actions or claims brought by third parties which relate to all or any part of the Content.
9. Legal Compliance
You must comply with all applicable laws, statutes, ordinances and regulations in relation to your use of the Site and Service. You must comply with all clauses of this agreement and the privacy policy.
10. Breach
MillionPlus may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide the Service to you if:
- you breach these Terms and Conditions or the Privacy Policy;
- we are unable to verify or authenticate any information you provide to MillionPlus;
- we believe that your actions may cause legal liability for you, our users or us.
11. General
These terms and conditions are governed by the laws of the State of Victoria, Australia. All users of the Site and Service irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any part of this agreement is held to be invalid or unenforceable, such part must be given effect to the greatest extent possible and the remainder shall remain in full force and effect.
This Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms and Conditions. |