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Terms + Conditions

Realm Australia Pty Ltd Terms & Conditions

  1. BINDING TERMS

1.1 This application is operated by Realm Australia Pty Limited (“Realm”, “Our”, “Us” or “We”).
1.2 By using this application you agree to be bound by an agreement created between you and Us under these application Terms of Use. If you do not agree to these application Terms of Use, please do not use this application or any information derived as a result of the use of this application.
1.3 This application provides information about the various property information, analytics and data-enabled products and services offered by Realm and its related bodies corporate.

1.4 The reference to ‘web site, system or platform’ refers to any other systems owned and run by Realm Australia Pty Limited in associated with Realm but is not limited to, Web Service, Web Site, Phone Application, platform.

  1. THE PARTIES

2.1 If you are a natural person, then these Terms of Use constitute a legally binding agreement between you and us and govern your use of our application.
2.2 If the user of our application uses it in his or her capacity as a representative of a body corporate (eg a corporation), then it is a condition of the user continuing to use our application that the user warrants that he or she has authority to accept these Terms of Use on behalf of that body corporate, and these Terms of Use specify the terms of a legally binding agreement between that body corporate (and “You” in these Terms of Use means that body corporate) and us.

  1. GENERAL INFORMATION

3.1 The information appearing in this application, except for when it is described as a contract term or disclaimer, is for general information only and does not constitute an offer or an intention to enter into a legally binding contract, other than the agreement between Us and You for the use of this application.

  1. INTERNATIONAL USE

4.1 We make no representation that Realm Services described on this application are appropriate or available for use in locations outside Australia or in all States and territories in Australia. Those who choose to access our System from other locations are responsible for compliance with local laws. Overseas residents may contact Realm for further assistance regarding the availability of the Realm Services described on this application.

  1. WITHDRAWAL OF PRODUCTS AND SERVICES

5.1 The information relating to Realm and its Services on this application is correct at the time of publication. However, the Realm Services described in this application can be withdrawn or varied at any time without notice. While every care has been taken in producing the information on this application, we do not guarantee the accuracy of any such information and it should not be relied upon as being accurate or complete.

  1. TERMS AND CONDITIONS AND FEES AND CHARGES

6.1 Terms and conditions apply to all Realm Services described in this application and may be varied at any time without notice. Fees and charges may also apply to selected Realm Services and may be varied at any time without notice. Government charges, taxes and duties may also apply. Full details of the terms and conditions and the fees and charges are available on request from Realm.

  1. PERMITTED USES OF APPLICATION

7.1 You must only use this application:

(a) to access the Realm Services;
(b) to obtain any other information relating to any of Realm products or services for a bona fide purpose,
(c) to obtain information relating to the real estate property market; or
(d) for any other use authorised in writing by Realm,
(Permitted Purpose).

7.2 You agree that any use of this application, except for the purposes described in paragraph 8.1, is prohibited.
7.3 The information and material in this Website is provided solely for bona fide personal or commercial customers only.
7.4 You agree that you will not and will not attempt (either yourself or through any third party) to:

(a) use this Website or any application Services accessible through it, for any purpose other than the Permitted Purpose;
(b) host links to this application, unless expressly authorised by Realm in writing
(c) decompile, disassemble, reverse engineer or otherwise attempt to discover any part of the source code, algorithms, methods or processes embodied in or used, in connection with this application, the Realm services, underlying infrastructure or other software;
(d) use any manual process (such as keying-in), robot, spider, screen scraper, injection techniques, data aggregation tool or use any other device or automated process (Scraping Process) to data mine, scrape, crawl, email harvest, aggregate, copy or extract any Realm Services, processes, information, content, or data accessible through this Website;
(e) use any Scraping Process to aggregate or combine information, content or data contained within or accessible through this System with information, content or data accessible via or sourced from any third party;
(f) use any information on or accessed through this application for any commercial purpose (including but not limited to market research, the provision of pricing estimates or ‘shadow shopping’) or otherwise (either directly or indirectly) for profit or gain;
(g) use any device, software, process or routine to interfere or attempt to interfere with the proper working of this application or any Realm Services, transaction or process being conducted on or through it;
(h) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to this application;
(i) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from this application without the prior written permission of Realm;
(j) use another person’s login details or otherwise use any ‘brute force attack’ methods to gain access to any Realm Platforms, products or services;
(k) use this application for any unlawful purpose or activity.

7.5 You agree to indemnify Realm in respect of any liability incurred by Realm for any Loss howsoever caused, suffered by you or any Related Bodies Corporate as a result of your use of the Realm System.

 

  1. GENERAL DISCLAIMER

8.1 You acknowledge and agree:

(a) Realm does not provide to You on this Website any investment, valuation, appraisal, legal, financial or taxation advice as to the suitability of any property;
(b) Advice and information given on this Website is general advice only and does not take into account your investment objectives, financial situation and particular needs;
(c) The general advice and information on this Website should not be relied upon in lieu of appropriate professional advice and You should consider independent professional advice tailored to your specific circumstances before making any investment decisions;
(d) You should make your own enquiries, exercise Your independent judgement and assess whether the general advice and information on this Website is appropriate to your individual investment objectives, financial situation and particular needs before making any investment decisions;
(e) the accuracy of the methodology used to develop the Website, the Data, the existence of the subject property, and the accuracy of the predicted value are estimates based on available data and are not guaranteed or warranted;
(f) the condition of the subject property and current market conditions can greatly affect the validity of the Website and Data;
(g) any Data generated does not include a physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal;
(h) the Website and Data, including, without limitation, any information, data, prices, and quotations contained therein, are subject to change without notice;
(i) Realm does not verify the accuracy or completeness of any Data supplied by any third party;
(j) Realm will not provide the Website or any Data to the extent it is prohibited or not authorised to do so by Law or under any of its agreements with its suppliers; and
(k) You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

  1. LIMITATION OF LIABILTY

9.1 Realm excludes all liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this System/Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
9.2 To the maximum extent permitted by Law, Realm will not be liable under or in connection with this Agreement for any Consequential Loss.
9.3 Realm has no liability whatsoever to You or any other person, for:

(a) acts and omissions of, or any faults or defect in the Website;
(b) if interference with or damage to your computer systems occurs in connection with your use of this Website;
(c) faults or defects in the Website which are caused by You including any failure to comply with Your obligations under this Agreement;
(d) any delay, faults, failure, interruption or defects that arise in telecommunication systems or other services provided to You by a third party (even if they are connected and used by Realm during the operation of this Agreement with Realm’ consent); and
(e) Your inability to access or use the Website for any reason.

9.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms of use is hereby excluded and Realm hereby expressly disclaims all warranties:

(a) that the Website or the Data will meet Your requirements;
(b) that the Website or the Data are fit for Your purpose or are otherwise suitable for Your use;
(c) that the Website will be compatible with, or suitable for use with, Your Software
(d) that the Website or the Data, will be error-free, correct, accurate, complete, reliable, secure, current, up-to-date or otherwise;
(e) that the statistical methods on which any of the Website or Data are based use appropriate or accurate assumptions;
(f) that the performance of the Website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by Realm’s third party suppliers;
(g) that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure.

9.5 Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited (as Realm may elect in its sole discretion) to one or more of the following:

(a) to use commercially reasonable efforts to modify, correct or provide access to the relevant Realm Service;
(b) the supplying of the Realm Services again; or
(c) the payment of the cost of having the Realm Services supplied again, except as expressly provided elsewhere in this Agreement.

9.6 This disclaimer set out in these terms of use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

  1. THIRD PARTY WEBSITES

10.1 Our Website may link you to other Websites on the internet. These other Websites are not under our control of, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of the Website by us or any association with its operators.
10.2 Accessing those Websites is your decision and to the fullest extent permitted in law we are not responsible or liable in any way for:

10.3 Realm as a search engine collates and disseminates searched content in a consumable format. This content is not under our control and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites, videos, advertisements or any content. The inclusion of such a link or content on the Realm System does not imply endorsement of the Website by us or any association with its operators.

(a) your use of those linked Websites or any loss or damage incurred arising out of or in connection with your use of them; and
(b) the content or practices of those Websites operated by third parties that are linked to our Website.

  1. SECURITY

11.1 Unfortunately, no data transmission over the internet can be guaranteed to be totally secure but we endeavour to use our reasonable efforts to protect the personal information of our users. We use a variety of physical and electronic security measures, including restricting physical access to our offices and firewalls and secure databases, to keep personal information secure from misuse, loss or unauthorised use or disclosure. However, Realm will not be responsible for any unauthorised access to that information. If you are not comfortable sending any information over the Internet, please contact the privacy officer to discuss alternative methods for providing any information. Any personal information you give us will be dealt with in accordance with our privacy policy located at http://kjp.d25.myftpupload.com/privacy-policy

  1. COPYRIGHT

12.1 Except where otherwise stated, We own all rights, title and interest, or have licence rights, in all intellectual property rights in the materials contained in or published on this Website and the Realm Services accessible through it.
12.2 For non-commercial purposes only, you may download a single copy of this Website and where necessary for its use as a reference, make a single hard copy. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of this Website may otherwise be copied, reproduced, adapted, modified, used to create derivative works, published or transmitted in any form by any process without our written consent.

  1. TRADE MARKS

13.1 The trademarks, service marks and logos (Trade Marks) used in this Website are registered or unregistered Trade Marks of Realm or any related parties. No Trade Mark may be copied, reproduced, adapted or transmitted in any form or process without the owners consent.

  1. COOKIES

14.1 “Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Like most web sites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

(a) Analytical Purposes: We use Cookies to analyse user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of property searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.
(b) Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.
(c) Marketing: We use Cookies from third-party partners, such as Google, for marketing purposes. These Cookies allow us to display promotional material to you on other sites you visit across the Internet.
(d) Referral Tracking: We use Cookies to associate user activity with the third party web site that referred the user to our Website. These third-party partner web sites receive credit for the activity of users they refer to our Website. We do not share any personal information or information about individual user activities with these partner entities.
(e) Session Cookies: Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website.

14.2 Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use Session Cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your Website experience. We may associate personal information with a cookie file in those instances.
14.3 Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:

(a) Open ‘Windows Explorer’
(b) Click on the ‘Search’ button on the tool bar
(c) Type “cookie” into the search box for ‘Folders and Files’
(d) Select ‘My Computer’ in the ‘Look In’ box
(e) Click ‘Search Now’
(f) Double click on the folders that are found
(g) ‘Select’ any cookie file
(h) Hit the ‘Delete’ button on your keyboard

14.4 If you are not using Microsoft Windows Explorer, then you should select “cookies” in the “Help” function for information on where to find your cookie folder. If you disable all cookies, you may not be able to take advantage of all the features of this web site. Consult your mobile device documentation for information on how to disable cookies.
14.5 We use the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. We and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our Website. This means that vendors including Google will display promotional material on other sites you visit across the Internet.
14.6 You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide web site visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.
14.7 When you use our Website, you consent to receiving cookies from Us and our third party commercial partners.
14.8 From time to time, it may be necessary for us to change this Cookie Policy. We suggest that you check here periodically for any changes.

  1. GENERAL

15.1 The agreement created under these Website Terms of Use constitute the entire agreement between the parties and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
15.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
15.3 We may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give us notice by email to the email address specified in the “Contact Us” section of our Website. http://kjp.d25.myftpupload.com/contact-us/
15.4 If a provision of these Website Terms of Use is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these Website Terms of Use. All other provisions of these Website Terms of Use remain in full force and effect.
15.5 These Website Terms of Use are governed by the law applicable in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of that State.

 

  1. TERMS OF CONTENT PUBLISHNG

Sharing your content and information

You own all the content and information you share on Realm. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Realm (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  1. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  2. We always appreciate your feedback or other suggestions about Realm, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

16.1 Realm reserve the right to reject or remove any content we deem necessary in accordance with the following content publishing guidelines.

Content submitted for publishing must not contain the following;

  • Illicit Content; Submissions cannot contain content that constitutes, facilitates, or promotes illegal products, services or activities.
  • Discriminatory Practices; Submissions must not contain content that discriminates or encourages discrimination against people based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
  • Tobacco Products; Submissions must not contain content that promotes the sale or use of tobacco products and related paraphernalia.
  • Drugs & Drug-Related Products; Submissions must not contain content that promotes the sale or use of illegal, prescription, or recreational drugs.
  • Adult Content; Submissions must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
  • Third-Party Infringement; Submissions must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
  • Sensational Content; Submissions must not contain shocking, sensational, disrespectful or excessively violent content.
  • Misleading or False Content; Submissions must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
  • Grammar & Profanity; Submissions must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
  • Copyright Breach; Submissions cannot contain content that encourages law breaking or breaches copyright laws.
  • Contains Advertising or Promotional Material; Submissions cannot contain advertising or promotional material.
  • Abusive or Offensive; Submissions cannot contain content that is discriminatory, abusive or offensive in nature.
  • Competitive or Bias; Submissions cannot contain; competitive or biased information or content that can be considered to be in bad taste.
  • Destructive to the Industry; Submissions cannot be considered to be destructive to the industry by way of content that includes but is not limited to; illicit information, content that impedes on the rights of others, breaches copyright laws, is discriminatory in nature, contains adult, drug or tobacco related content, false or misleading content, content that misuses grammar and punctuation or is considered to generally be in bad taste.
  • Low Quality or Disruptive Content; Submissions must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading and overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low quality content.
  • Spyware or Malware; Submissions must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
  1. SAFETY


We do our best to keep Realm safe, but we cannot guarantee it. We need your help to keep Realm safe, which includes the following commitments by you:

  1. You will not collect users’ content or information, or otherwise access Realm, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  2. You will not upload viruses or other malicious code.
  3. You will not solicit login information or access an account belonging to someone else.
  4. You will not bully, intimidate, or harass any user.
  5. You will not submit content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  6. You will not use Realm to do anything unlawful, misleading, malicious, or discriminatory.
  7. You will not do anything that could disable, overburden, or impair the proper working or appearance of Realm, such as a denial of service attack or interference with page rendering or other Realm functionality.
  8. You will not facilitate or encourage any violations of this Statement or our policies.
  1. REGISTRATION AND ACCOUNT SECURITY

Realm users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Realm, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will keep your contact information accurate and up-to-date.
  5. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  6. You will not transfer your account (including any channel you administer) to anyone without first getting our written permission.
  7. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
     
  1. PROTECTING OTHER PEOPLES RIGHTS


We respect other people’s rights, and expect you to do the same.

  1. You will not post content or take any action on Realm that infringes on or violates someone else’s rights or otherwise violates the law.
  2. We can reject or remove any content or information you post if we believe that it violates this Statement or our policies.
  3. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  5. You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
  6. If you collect information from users, you will: obtain their consent, make it clear you (and not Realm) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  7. You will not post anyone’s identification documents or sensitive financial information on Realm.
     
  1. AMMENDMENTS
  1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
  2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice.
  3. Your continued use of the Realm Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

 

 

  1. DEFINITIONS

21.1 In these Website Terms of Use, the following capitalised terms have the meaning given below:
Realm means Realm Australia Pty Limited (ABN 617 769 927) and its Related Bodies Corporate or Parent Company.
Realm Services means the products, services, Platforms and Data which may be:

(a) promoted by Realm on this Website;
(b) licenced or supplied to You by Realm on or through this Website; or
(c) accessed by You on or through the Website.

Consequential Loss means any loss of income, loss of actual or anticipated profits, loss of business, loss of anticipated savings, loss or damage to or corruption of data, loss of goodwill or loss of reputation whether arising in or for breach of contract, tort (including negligence), breach of statutory duty, indemnity or otherwise.

Data means any results, data or meta data, including any property information, property attribute data, ownership information, property sales information, photographs, valuation, market share analyses, index results, alerts, or reports, which are either contained within, provided through, derived from, captured by, entered into or generated by the Website and any Platforms or as otherwise provided in the usual course of business by Realm.

Intellectual Property Rights means all industrial and intellectual property rights throughout the world including current and future registered and unregistered rights in respect of trade marks, copyright, source-code, databases, Data, circuit layouts, designs, patents, inventions and discoveries, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967 and Intellectual Property has the corresponding meaning.

Loss means all liabilities, losses, damages, outgoings, costs and expenses (including legal costs assessed on a Solicitor-client basis).

Permitted Purpose has the meaning given to that term under clause 8.1.

Platform means any web-based platform or software provided by Realm to deliver, enable or provide its customers access to its Realm Services, and includes the Website.

Related Body Corporate has the meaning given to that term under the Corporations Act 2001 (Cth).

Website means Realm’s application and includes all content and webpages forming part of that domain name, including all information, opinions, reports, blogs and Data published on, contained in or accessed through this website, related system, web service, application or other related or supportive system.

Currency

Version 1 of these Website Terms of Use are current as and from 06 February 2018.

© 2018 Realm Australia Pty Ltd. All rights reserved.