1. Terminology
In these Terms of Use (“terms”, “our terms”)
“you” or “your” describe a visitor to our website (“site”); and
“we” or “our” or “us” describe The Real Estate Institute of Victoria Ltd [ACN 004 210 897].
2.You agree to our terms each time you visit our site
These are the terms on which we permit you to visit our site.
Each time you visit our site, you agree to our terms.
We may change our terms at any time and we do not have to advise you, before doing so.
Changes to our terms will apply to you when they are displayed on our site.
We recommend you regularly visit our site to see if our terms have changed.
If you do not agree with our terms or changes to them, please do not visit our site.
3. Important things you need to know about our site
When you visit our site you accept it ‘as is’. You also acknowledge our site, or a part of it, may be unavailable to you from time to time because of:
maintenance or repair; or
alteration or reconfiguration; or
removal in connection with creation of another website; or
a *force majeure event; or
your failure to comply with our terms.
(*a “force majeure event” is an occurrence caused by factors we are unable to control, or is a direct, or indirect, consequence of factors we are unable to control)
You agree we have no liability to you as a result of our site being unavailable from time to time. Without prior notice to you, we may at any time do any of the following either temporarily or permanently:
alter or reconfigure all or part of our site; or
remove all or part of our site; or
create another website as our site; or
block your access to our site, because you are not complying with our terms or we form the view you have not, or may have not, done so in the past.
4. Information on our site (“information”)
The information on our site is about:
our products and services;
the products and services of our members;
the products or services of our sponsors;
real estate and real estate practice in Victoria.
The information is of a general nature, unless otherwise indicated. We may vary, substitute or remove products, services or both on, or available from, our site at any time, without prior notice.
For information about our research data, market insights and statistics, click here.
For information about our Member search, click here.
5. Suitability and accuracy of the information on our site
We do not represent or warrant the information on our site is suitable for your purposes.
In particular, you cannot not rely on the information –
in deciding whether to buy, sell, lease or make any other commitment to do with real estate, a business or goods; or
in deciding whether to engage the services of an estate agent or a valuer, including the services of our members; or
in applying for a loan; or
in applying for or renewing insurance; or
in coming to a decision about obtaining a professional, industry or trade service; or
as a valuation of real estate, a business or goods.
While we take reasonable steps to ensure the information on our site, provided by us from our resources, is accurate when posted on our site, we do not warrant it is accurate or will remain so. This is because the information may be provided to us by others and we cannot vouch for its accuracy.
Information on our site provided by our members, sponsors or others (“third party material”) is not created, maintained for verified by us. We do not warrant third party material is accurate or will remain so.
6. We do not provide legal, professional or expert advice
Information on our site, whether of a general or specific nature, is not:
legal, professional or expert advice, or
a substitute for legal, professional or expert advice
and you may not rely on it as such.
If you require legal, professional or expert advice about any information on our site, or a website linked to our site, you should obtain it from a suitably qualified person.
If you require any other information about, or in connection with, anything appearing on our site, or a website linked to our site, you will need to obtain it from a suitably qualified person.
7. Accuracy of information on other websites whether linked to our site or not
We do not control or endorse the content of other websites (“others’ websites”), whether linked to our site or not. As we do not control the content of others’ websites, we do not warrant:
the accuracy of information on others’ websites; or
the information, goods or services on others’ websites will be suitable for your purposes.
You acknowledge if you choose to visit or rely on the content of others’ websites, you do so at your risk and we are not liable to you because of a what you choose to do.
8. Access to members’ only section (“MOS”) and its security
You must:
be a member of ours, or
if not a member of ours, receive our prior *written authorisation to access the MOS.
(* Please note: an SMS message is not a written authorisation, for this purpose.)
If you are not a member of ours and we give you our authorisation, it may be given with conditions. If our authorisation has conditions and you do not fully comply with them, we may immediately do either of both of the following:
cancel our authorisation;
end your access
without prior notice.
If you are a member of ours, or you have written authorisation to access the MOS, you must take *reasonable steps to –
protect; and
maintain the security of your access to the MOS.
(* “reasonable steps” includes: choice of a strong password, changing passwords regularly; maintaining appropriate security of usernames, passwords and other information about access, authentication or security; prevent and detect unauthorised access to the members’ part of our site. A “strong password” is one with a minimum of 8 characters mixing lower case and capital letters, numbers, dots, symbols or characters)
You must immediately advise us if you know, or suspect, unauthorised access has been gained to the MOS. If we ask you to, you will fully co-operate with us in:
stopping unauthorised access to the MOS; and
securing the MOS against further unauthorised access.
If you have access to the MOS, we may restrict or remove it if you:
misuse your access; or
fail to protect the confidentiality of your log-in, password or both; or
allow another person to use your log-in or password or acquiesce in them doing either or both.
9. Prohibited conduct
You must not attempt to do, or do, any of the following, or assist or acquiese in another attempting to do, or doing, any of them:
Prohibitions to do with web pages and information
accumulate, compile, decompile, disseminate, extract, process, reverse engineer or reproduce in any form web pages or information on our site or on others’ websites linked to our site; or
use a device, software, process or means to access, retrieve, scrape or index any content on our site or on a site linked to our site
Prohibitions to do with trademarks etc
use or reproduce our trademarks, logos, or designs on our site or others’ websites linked to our site
Prohibitions to do with contact information
use contact information on our site, or on others’ websites linked to our site, to send any form of unsolicited communication
Prohibitions to do with hindering access
in any way hinder or prevent access to our site, or others’ websites linked to our site
Prohibitions to do with interference
use a device, process, routine or software which systematically or randomly interferes with normal functioning of our site, or others’ websites linked to our site, or a process or transaction conducted on or through our site, or others’ websites linked to our site
Prohibitions to do with information generally
incorporate into or store information on our site in others’ websites, databases, publications or other works in any form
Prohibitions to do with creating links to our site
create a link to our site from others’ websites, without first obtaining our permission. If we give permission, it may be subject to conditions.
Prohibitions to do with use of our site
use our site other than specifically permitted by our terms.
Prohibitions to do with unlawful or undesirable activity
use our site, or others’ websites linked to our site, for an unlawful or an *undesirable activity.
(* an undesirable activity is to post, disseminate or both: misleading, deceptive or fraudulent information; obscene, pornographic, hateful, defamatory, discriminatory or racially offensive material; or material which is simply inappropriate having regard to the purpose of our site)
If you are involved directly or indirectly in prohibited conduct, or we form the view you may be or have been so involved, we may immediately block your access to our site, either temporarily or permanently at our discretion, without having to notify you before we do so.
10. Copyright
The content of our site is copyright.
You must not copy or download material on our site, or allow or acquiesce in another doing so, without our, the copyright owner’s or both prior *written permission. If we, the copyright owner or both give permission, it may be subject to conditions including the material may only be copied or downloaded for personal use, non-commercial purposes or both.
(*note: an SMS message is not “written permission” for this purpose)
11. Your indemnity in favour of us
You agree to indemnify us and our directors, officers, employees, contractors and agents against claims, demands, liability, loss or damage (including reasonable legal fees and expenses) arising as a result of or in connection with your access or use of our site in a manner inconsistent with our terms. Your indemnity continues until you perform it or we can no longer rely on it because it becomes barred by the Limitations of Actions Act 1958, whichever occurs first.
12. Limits on our liability to you
Certain rights and remedies may be available to you under the Australian Consumer Law which cannot be excluded, modified or restricted.
To the extent permitted by law, our liability to you or a third party for a breach of the Australian Consumer Law is restricted at our option to: the re-supply of the service or payment of the cost of re-supply of the service; or replacement or repair of goods or payment of the cost of replacement or repair.
Otherwise, to the fullest extent permitted by law we exclude all liability to you or a third party for a breach by us or our directors, officers, employees, contractors or agents of our terms or for negligence. You specifically agree in no event will we be liable to you or a third party for indirect, consequential, exemplary, incidental, special or punitive damages of any nature whatsoever.
13. The law of Victoria applies
The law of Victoria applies to our terms. You and we agree the courts and tribunals of Victoria have non-exclusive jurisdiction to deal with disputes between us arising under or in connection with our terms.