Website Terms of Use

Welcome to the Rishav Buyers Agent Powered by Leverage Listing website at www.keynestrealtors.com.au (the "Website").

Please carefully read the terms below. These govern Your commercial relationship with Us and set out legally binding provisions that regulate Your use of Our Website.

To assist You, We have provided summaries of Our Terms of Use. These summaries are in the right-hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (in the left-hand column). The operative provisions of Our Terms of Use are legally binding, while the summaries are not. The summaries do not limit the scope, operation, or serve as a mechanism for resolving any ambiguity in the operative provisions.

Please refer to the Dictionary at clause 14 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

Operative Provisions
1. Acceptance and Modification of these Terms of Use
1.1. You may only access, browse, and use Our Website if You accept these Terms of Use. By accessing, browsing, and/or using Our Website, You confirm that You have read, understand, and wholly and unconditionally agree to be legally bound by and accept these Terms of Use and any information linked from these Terms of Use (including any Privacy Policy).

1.2. We may modify and/or replace these Terms of Use and any information linked from these Terms of Use (including our Privacy Policy) from time to time without notice.

1.3. We will always upload the latest version of these Terms of Use to this webpage.

1.4. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.

2. Accuracy of Content
2.1. We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date, or error-free.

2.2. We may not have checked the floor area, property size, property descriptions, and other information published on the Website about any property.

2.3. Before making any decision about any property advertised on the Website, You must independently verify any information about the property that You intend to rely on.

3. Website Availability and Restrictions
3.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.

3.2. You acknowledge that the accessibility and use of the Website are highly dependent on the proper functioning of the Internet and other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with, or connects to. We are not responsible for any non-performance of the Website associated with any of those matters.

3.3. You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorize the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. You must not:

(a) Copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from, or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));

(b) Do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

(c) Use the Website in any way that infringes Our rights or the rights of any third party;

(d) Use the Website to create any product or service that competes with the Website; or

(e) Take any steps to circumvent any technological protection measure or security measures in the Website.

3.4. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law, or legal right of any person.

3.5. You must not use the Website or any part of the Website in breach of these Terms of Use.

4. Acceptable Use Policy
4.1. You agree that:

(a) Using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;

(b) Using the Website in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;

(c) Using the Website in breach of laws relating to the protection of copyright, trade secrets, patents, or other intellectual property and laws relating to spam or privacy is strictly prohibited by these Terms of Use;

(d) Introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, email bombs) is strictly prohibited by these Terms of Use;

(e) Using the Website to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;

(f) Using the Website to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. “Security breaches” include, but are not limited to, network sniffing, ping floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(g) Using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;

(h) Using the Website to circumvent user authentication or security of any of Our hosts, networks, or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;

(i) Using the Website to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;

(j) Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website is strictly prohibited by these Terms of Use;

(k) Sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;

(l) Using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and

(m) Use of the Website in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms of Use.

5. Intellectual Property Rights
5.1. You acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

5.2. As between You and Us, We own all Intellectual Property Rights in the Website.

5.3. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

5.4. Any Intellectual Property Rights in any comments or suggestions You provide to Us in connection with the Website or requests for new Website features (each, an “Improvement Suggestion”) become Our sole and exclusive property immediately upon Your submission. You hereby assign all Intellectual Property Rights in all such Improvement Suggestions to Us effective upon submission. This assignment includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.

5.5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

5.6. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website or otherwise.

6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of Our Website.

6.2. If You believe that another user of Our Website has breached these Terms of Use, please contact Us.

6.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions, obtain all appropriate advice, and take all appropriate precautions.

7. Responsibility for third party claims
7.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

(a) Your use of the Website; and/or

(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

8. Hyperlinks
8.1. We do not represent, recommend, or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

9. Liability
9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date, or error-free.

9.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal, and other advice as applicable before relying on any information You obtain from the Website.

9.3. To the extent possible by law, We are not liable to You for any indirect, special, or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

9.4. To the extent that Our liability is not otherwise excluded by these Terms of Use, Our liability to You is limited to the cost of resupplying the relevant Website services to You.

9.5. Any representations, warranties, or guarantees made or implied by Us or pursuant to any other legal source are excluded to the maximum extent permissible by law.

10. Privacy
10.1. We undertake to comply with the terms of Our Privacy Policy.

10.2. You agree that We may collect, use, and disclose information about You in accordance with Our Privacy Policy.

11. Termination
11.1. We may terminate these Terms of Use and Your access to the Website (or any part of it) at any time without notice.

11.2. All restrictions, licences granted by You, and all disclaimers and limitations of liability by Us will survive termination.

12. Jurisdiction
12.1. The laws of the State of New South Wales, Australia, govern these Terms of Use.

12.2. The parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.

13. Severance
13.1. Any part of these Terms of Use that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.

14. Dictionary
In these Terms of Use:

Intellectual Property Rights means all intellectual property rights, including:

patents, copyright, rights in circuit layouts, designs, trademarks (including goodwill in those marks), domain names, business names, trade names, and other proprietary rights;
trade secrets, know-how, and confidential information;
applications for registration, and the right to apply for registration, of any of these rights; and
all other rights resulting from intellectual activity in the industrial, commercial, scientific, literary, or artistic fields.
Moral Rights means the right of attribution of authorship of work, the right not to have authorship of work falsely attributed, and the right of integrity of authorship as defined in the Copyright Act 1968 (Cth).
Non-Excludable Guarantees means the consumer guarantees under the Australian Consumer Law.
We or Us means Rishav Buyers Agent Powered By Leverage Listing, ABN: [86 731 897 090], and Our related entities.
Website means the website accessible at [www.keynestrealtors.com.au] and any other site operated by Us.
You means the person or entity using the Website.
15. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at [[email protected]].