TERMS OF USE

The following terms apply to the website at www.getjarvis.io ("Website") operated by Jarvis Connect Pty Ltd (ACN 617 338 682) ("Jarvis Connect", "Us", "Our" or "We") and realestate.com.au Pty Ltd (“REA”, “Us”, “Our” or “We”). By using the Website You accept these terms. If You do not accept these terms, You must cease using the Website immediately.

By using the Website, you also agree to:

1.    these Website Terms of Use;

2.    the Jarvis Privacy Policy and REA Privacy Policy;

3.    the REA Media & Advertising Terms and Conditions; and

4.    any physical document or electronic interface we make available to you, that you sign or otherwise indicate your agreement to, which identifies the products and services you have purchased, including, but not limited to via paper order forms, insertion orders or contracts, email or online forms (your “Insertion Order”).

Website content

We have used reasonable efforts to make sure that the information and other content on the Website, accessible via the Website or sent to You by Us (collectively “Content”) is accurate, complete and up to date. Nevertheless, We do not guarantee that the Content is accurate, definitive, reliable, complete or up-to-date, and We do not accept responsibility for any loss suffered by You or any other person as a result of reliance by You or that person on the accuracy, reliability, completeness or currency of any of the Content.

Intellectual property rights

Your use of the Website does not give rise to any assignment, acquisition, transfer or conveyance of any kind whatsoever of any intellectual property rights in the Content. You may only download to a local hard disk or print extracts from the Content if, and to the extent that, You have been expressly authorised to do so by Us. Any other download, reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form, without Our written consent, is prohibited.

Restrictions on use of Websites

In accessing or using the Website you agree that you will not:

 

(a) use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on Our Website;

 

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on Our Website;

 

(c) undertake any action that will impose a burden or make excessive traffic demands on Our infrastructure that We deem, in Our sole discretion to be unreasonable or disproportionate site usage;

 

(d) use or index any content or data on Our websites for purposes of:

     (1) constructing or populating a searchable database of properties,

     (2) building a database of property information; or

     (3) competing with us in any manner that We have not specifically authorised;

 

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

 

(f) use Our websites or any content from Our websites in any manner which is, in Our sole discretion, not reasonable and / or not for the purpose which it is made available;

 

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

 

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

 

(i) act in violation of any Term of Use or other condition posed by us or any applicable law;

 

(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our websites or any content on Our Website, except as expressly authorised by us; or

 

(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

 

We reserve the right to exercise whatever means We deem necessary to prevent unauthorised access to or use of Our Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Warranties

You represent and warrant that:

 

(a) Your use of the Websites will comply at all times with these terms and any directions We make to You in relation to Your use of the Website from time to time;

 

(b) You will make sure that You keep Your username and password by which You access your account on the Website confidential and secure at all times; and

 

(c) You accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Us.

Linked sites

We do not own or have rights in respect of the copyright in any content on any Website that is accessible from the Website by a hypertext link or links (“Linked Site”). Your use of any Linked Site and any content on any Linked Site is governed by the terms of the Linked Site. Some of the Content, and products, logos, technology and processes accessible via, or incorporated in, the Website may be protected by copyright or other intellectual property rights owned by third parties. You have no right to use any of those intellectual property rights except as expressly authorised by Us. We do not have any responsibility, and We accept no liability, for content on any Linked Site. We do not endorse or approve of, nor do We accept any responsibility or liability for, any of that content or any product or service accessible through, or offered on, any Linked Site.

Liability and complying with laws

To the maximum extent permitted by law, We exclude all liability to You (whether in contract, tort, under statute or otherwise) for any loss, damage, or expense (including special, indirect or consequential loss, loss of profit revenue capital or goodwill, loss of use, downtime or business interruption costs, loss of data or use or data, legal costs and defence or settlement costs) that You or any other person incurs arising directly or indirectly out of or referable to material on this Website or any Linked Site. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the maximum extent allowable under the relevant laws.

You must comply with all laws in relation to Your access or use of Content on this Website, including laws of the country in which You reside or from which You access this Website.

You agree to indemnify and hold Us and Our affiliates (and Our officers, agents, partners and employees) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to Our Website or Your breach of these terms.

Breaching these Terms of Use

If you use the Service in a way that breaches these Website Terms of Use, you are in breach of a material obligation in your agreement with realestate.com.au for your use of the Service.

Breaching these Website Terms of Use may result in us taking action to remedy the breach. This might include: terminating or suspending your subscription(s) or product(s); deleting a specific Developer Listing not permitting the listing to be uploaded to the site in the first place or any other action that We are permitted to take under Our agreement with you and according to law.

General

If any of these terms are found to be void, unlawful or unenforceable, they will be deemed to be severed from these terms to the extent of their invalidity, illegality and/or unenforceability only and the remainder of the terms will remain in full force and effect.

These terms and Your use of this Website are governed by the laws of the State of Victoria, Australia. Any rights not expressly granted in these terms are reserved by Us.

We may change to these terms from time to time. We are not required to notify You of any such change, but We encourage You to revisit and review these terms from time to time.