Rental Terms & Conditions
estates360.com
Rental Listing Service
Agreement ("the Agreement")
TERMS AND CONDITIONS
"We", "Our", "Us" refers to Estates360 Ltd, employees, officers, agents, affiliates or assigned parties. "Our Web Site" refers to www.estates360.com. "You", "Your" or "the Client" refers to You as the user of this Rental Listing Service ("the Service"). "The Service" may include any of the following or a combination thereof:
Accessing a database of advertisements for available rental and responding to such advertisements using the e-mail facilities on Our Web Site;
a process that will facilitate Your uploading of available rental details (including 360 tours) to the extensive property search engine accessible on estates360.com ;
having Your properties featured on Our Web Site.
The following are the standard terms and conditions ("the Agreement") that apply to Your use of the Service. By using the Service You are expressly agreeing to be bound by the terms of the Agreement.
PLACING AN ADVERTISEMENT FOR RENTAL
You must:
Only advertise rental that is currently available;
Within 72 hours of the rental no longer being available, alert us by e-mail to remove that rental from Our Web Site;
ensure that material You generate through use of the Service is accurate and correct and is not unlawful or for an improper purpose and does not contain information that is coarse language, discriminatory, offensive, racist, sexist, defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; and
ensure that material submitted through the Service by You refers only to details relevant to Your rental.
You acknowledge that:
You have read and agree to be bound by the terms of all legal notices posted on the Site including Our Privacy Policy, Disclaimer and Copyright notices;
We are not under any obligation to monitor or censor the material generated by You or any other user of the Service, however We reserve the right to cancel, edit, add to, vary or delete any material which is or might be in breach of this Agreement;
We make no representation whatsoever regarding the success of Your advertisement; the nature, type, suitability and quality of the person responding to Your advertisement; the availability or accessibility of Our Web Site or the Service; or any computer viruses or other defects or errors in Our Web Site;
We are not responsible for the content of Our Web Site provided by You or for any errors or omissions in any material provided by or on behalf of You;
Systems or technological failure may impede or prevent access to all or any part of Our Web Site or the Service;
You are responsible for the security and integrity of Your information; and
transmission of data over the Internet can be subject to errors and delays.
VIEWING AND SEARCHING RENTAL
You must:
Ensure that Your access, display and use of the Service is for Your personal use only and not for any commercial purpose; and
Not use or reproduce any material or information from the Service or Our Web Site for any other purpose except as is permitted by law.
You acknowledge:
that We make no warranties or representations whatsoever regarding the quality, accuracy, merchantability or fitness for purpose of any information provided to the Service, the availability or suitability of any rental advertised using the Service, the character or nature of users of the Service, or the success of Your use of the Service; and
That material on Our Web Site is subject to continual change and may not be current at the time Our Web Site is accessed by You, and We will not be responsible for any direct or indirect loss or damage which may be suffered by You through relying on anything contained in or omitted from material on Our Web Site.
LIMITATION OF LIABILITY AND INDEMNITY
To the extent allowable under the Trade Practices Act 1975 (Cth) or any other applicable law, We:
Exclude all conditions and warranties implied into the Agreement;
Exclude consequential, special or indirect loss or damage (included but not limited to loss of opportunity, loss of revenue and loss of profits);
limit Our liability for breach of any condition or warranty that We cannot exclude to the greater of (at Our option): * resupplying the Service; or * paying the cost of having the Service resupplied; and
Limit Our liability in respect of any other claim in connection with the Agreement whether the claim is based in contract, tort (including negligence) or statute to the amount paid to Us by You under this Agreement.
We will not be liable under this Agreement to the extent that liability is caused by:
Any breach of your obligations under this Agreement; or
Any delay in performance or breach of the Agreement which arises as a result of any matter beyond Our control including but not limited to viruses, other defects or failure of the server hosting Our Web Site.
You indemnify estates360 Ltd and its officers, employees and agents ("those indemnified") against any direct or consequential liabilities, losses, damages, expenses and costs (including legal expenses on a solicitor and own client basis) incurred or suffered by any of those indemnified as a result of any claim or proceedings brought by a third party against those indemnified in connection with any material generated by You in connection with the Service.
GENERAL
No delay or failure by us to enforce any provision of the Agreement will be deemed a waiver or create a precedent or will prejudice Our rights.
A notice must be sent by e-mail, prepaid post or facsimile to Your or Our last known address.
You must not assign the Agreement without Our written consent.
The Agreement (together with any documents referred to in the Agreement or provided by Us at the same time as the Agreement) comprises the entire agreement. It supersedes all prior understandings, agreements or representations.
The laws of the United Kingdom (England & Wales) govern the Agreement. You submit to the exclusive jurisdiction of the Courts of the United Kingdom (England & Wales). If any term of the Agreement is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
FEES AND BILLING
The fee for the Service is the price notified to you at the time of entering into this Agreement. We reserve the right to amend the terms and conditions of this Agreement, including fees, at any time. The fee must be paid in advance by credit card through Our nominated payment services provider. Any information collected by Our nominated payment services provider is collected subject to its privacy policy and We will not use that information for any purpose other than for providing the Service to You.
You acknowledge that Your advertisement will not be processed unless Your payment is received. Your advertisement will be displayed on the Site for 90 days. If you wish for Your advertisement to be displayed further after that time, You must pay the fee again and Your advertisement will be displayed for a further period of time, subject to the agreement that is current at that time.
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