Website User Terms

This website is presented to you by NewDevelopments.com.au (ABN 54 118 860 024) of 4/11 Lima Street , Auchenflower QLD 4066, Australia (NewDevelopments.com.au). You must read these terms and conditions carefully before using this Site. By using this Site, you agree to be bound by these terms and conditions.

1. DISCLAIMER

You acknowledge that:

1.1 The Site is for use by the general public, and the property industry for listing Australian residential, retail, commercial, industrial and hotel property (whether vacant or occupied) for sale or lease, and any other business purpose determined by NewDevelopments.com.au.

1.2 NewDevelopments.com.au is an information provider and is not a real estate agent. The information and material contained in, or omitted from, the Site is general in nature and may not apply to your particular circumstances. The information should not be used as a substitute for professional legal, financial or real estate advice and you should seek professional advice with respect to any transaction resulting from any Content or information on the Site.

1.3 NewDevelopments.com.au does not monitor, nor exercise editorial control over, nor accept responsibility for monitoring, the Content on this Site, nor do we accept responsibility for monitoring for infringements of copyright, trade marks, patents or other Intellectual Property Rights.

1.4 To the fullest extent permissible by law, NewDevelopments.com.au excludes all warranties in relation to the Content and any other information available from the Site and disclaims all liability arising out of or consequent on:

(a) Any use of, reliance on, or access by you to, the Content or any other information available from, or through, the Site;

(b) Any computer virus which occurs as a result of accessing the Site or Content or other information available from the Site; and

(c) NewDevelopments.com.au makes no warranties or representations about the accuracy, performance, suitability, reliability, completeness or preservation of any of the Content on this Site, or on any pages or sites linked to this Site. NewDevelopments.com.au does not represent that the Content on this Site, or the server that makes it available, is error-free or virus-free or that your access to the Site will be uninterrupted, nor does NewDevelopments.com.au endorse any opinions expressed by Members who use the Site or Services.

1.5 The use of the Site, the Content and any of the information on the Site by you, to sell, lease or otherwise commercially exploit a property which is listed on the Site to a third party, does not of itself give you or any other party a right to a fee, commission or any other form of payment from a Member or any other party, including NewDevelopments.com.au.

1.6 You access and use this Site, the Content and any other information available on the Site at your own risk.

2. LIABILITY

2.1 NewDevelopments.com.au to the fullest extent permissible by law, NewDevelopments.com.au is not liable to you or any other person for any costs, expenses, loss, damage or liability directly or indirectly suffered by you (including as a result of a claim by a third party) as a result of your operation, use or misuse of this Site, or by your reliance on any Content or any other information available from or through the Site.

2.2 NewDevelopments.com.au acknowledges that, with respect to the Australian Site, the Trade Practices Act 1974 (Cth) and other State or Commonwealth legislation may imply certain conditions and warranties which may not be excluded, limited, restricted or modified by any agreement.

2.3 NewDevelopments.com.au makes no representations regarding the need for any governmental approvals, or application of any laws regarding the purchase or lease of property displayed on the Site. You must make your own inquiries regarding, and obtain, all approvals which are required for the purchase or lease of any property displayed on the Site.

3. INDEMNITY

You will at all times indemnify, and keep us and our officers, employees and agents (Those Indemnified) indemnified, from and against any loss (including legal costs and expenses) or liability incurred by any of Those Indemnified (directly or indirectly suffered) arising from any claim, demand, suit, action or proceeding by any person against Those Indemnified where such loss or liability arose out of, or in connection with, or in respect of:

(a) Your reliance on the Site, the Content or any other information on the Site, and the Member Services or Member Additional Services; and

(b) Any breach of this Agreement by you or your employees or agents;

4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

4.1 You acknowledge that all Content on the Site, the Services and the Additional Services are subject to copyright and possibly other Intellectual Property Rights.

4.2 You must:

(a) Not yourself, or participate in or permit any other person to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, transmit, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;

(b) Not reverse engineer any Content consisting of software; or

(c) Not infringe the Intellectual Property Rights of any person in using the Site, the Services or any Content.

4.3 Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you, or license you to exercise any Intellectual Property Rights, unless this is expressly stated.

4.4 You may reproduce any part of the Content of the Site for your own personal use. However, if you do so, you must acknowledge NewDevelopments.com.au's copyright in that Content, or any other holder of Intellectual Property Rights in that Content and retain all markings which indicate the origin of the Content.

5. PRIVACY

5.1 In using the Site and the Services, we may collect Personal Information about you. You authorise us to use and disclose this Personal Information in accordance with our Privacy Policy.

6. EXTERNAL LINKS AND ADVERTISEMENTS

6.1 We have not reviewed the sites linked to this Site and are not responsible for, nor do we endorse, the Content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).

6.2 The links to external sites are provided only as a convenience to you.

(a) NewDevelopments.com.au of those external sites; or

(b) Those external sites of NewDevelopments.com.au or this Site.

6.3 Nothing in this agreement grants, or purports to grant, to you any Intellectual Property Rights in any external sites.

Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

7. ACCESS AND PRESENTATION OF SITE

7.1 You acknowledge that we may, in our sole discretion:

(a) Vary the Site, Services, or the Content and any other information available on the Site, or any part of them; and

(b) Modify or discontinue any part of the Site, the Content or any other information available on the Site.

7.2 We may, without notice, deactivate all or part of the Site or the Services to carry out system maintenance, upgrading, testing or repairs.

8. GENERAL PROVISIONS

8.1 NewDevelopments.com.au may at any time amend these User Terms and all related Attachments, by Posting the amended terms or attachments on the Site. By continuing to access to the Site after any of the amendments have been Posted you agree to be bound by the amended User Terms or other amended terms or attachments as may be applicable.

8.2 If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.

8.3 This agreement is governed by the laws of Queensland , Australia . You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland , Australia .

9. PROFESSIONAL ADVICE MAY NEED TO BE OBTAINED

You acknowledge that by us providing the information contained in this website we are not:

(a) rendering any legal, accounting, financial or other professional advice or opinions on specific matters or facts;

(b) Guaranteeing repayment of capital;

(c) making a recommendation to take up particular insurance products. The information on the website may not take into account any persons' particular circumstances. You should always consult a qualified adviser for advice on whether the information is appropriate to your particular objectives, financial situation and needs.

10. DEFINITIONS

In these terms and conditions:

Agents mean the people you have authorised to use the Services, Additional Services or Site on your behalf.

Applicable Law in relation to any person, action or thing, means:

NEWDEVELOPMENTS.COM.AU (ABN 54 118 860 024) any law, rule or regulation of any country (or political sub-division of a country) and any obligation under any licence in any country (or political sub-division of a country); and

(b) Any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

Site means the Internet website with its homepage located at www.newdevelopments.com.au.

Content means any things that you may see, Post, read, hear, download or access on or via the Site including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials.

User Terms means the terms and conditions of use for Users which are Posted on the Site from time to time.

GST means the applicable goods and services tax under the GST Law.

GST Law has the same meaning as in A New Tax System (Goods and Services) Act 1999.

Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trade marks, service marks, designs and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and all renewals and extensions.

Member Content is Content Posted by Members.

Membership Agreement means the terms and conditions which apply to a person that has registered to use the Member Services, and Member Additional Services.

Personal Information means information, recorded in any form, about any identifiable individual, or from which it is reasonably possible to identify the Member or User who are individuals. It does not include information recorded in a publication generally available to members of the public.

Post refers to the process in which Content is uploaded, posted, emailed or otherwise electronically transmitted to the Site or the Services.

Property means any Australia residential, retail, commercial, industrial or hotel property (whether vacant or occupied).

Services means online information about the availability of residential, commercial, industrial, retail and hotel and leisure property throughout Australia for sale or lease or any other business purpose determined by NewDevelopments.com.au.

User means a person who accesses the Site to use the Content and functions which do not require registration, membership or payment to NewDevelopments.com.au to access.

We or us means NewDevelopments.com.au (ABN 54 118 860 024).

You or your means you as a User, as applicable, including your agents, employees and any other party authorised to act on your behalf.