Terms and conditions
Welcome to BrisRentals.com, a BrisRealEstate.com Pty Ltd website. The following terminology used throughout the terms and conditions is qualified as stated: the terms "BrisRealEstate.com", "BrisRealEstate", "we", "us", "our", "the website", "the site" and "the service", all refer to BrisRealEstate.com (ACN 110 610 734, ABN 61 110 610 734) or BrisRentals.com or BrisFlatmates.com and its officers, representatives, agents, administrators, managers and employees. The terms "you" and "your" are used to refer to the party or parties who access the website and/or use the services provided by BrisRealEstate.com. The term "Content" refers to information, data, text, images or other materials posted on the website by you. The term "Services" refer to advertising and other facilities and resources offered by BrisRealEstate.com. The term "User" is someone who views the advertisements on the website and may then buy or rent a residential property, share a residential property and/or who will occupy holiday accommodation. The terms "Advertiser", "Owner" is the person who owns or is the registered proprietor of the residential rental property, is someone advertising to share a residential rental property and someone who owns or manages holiday accommodation.
Acceptance of terms and conditions
BrisRealEstate.com provides the services to you, subject to the following terms and conditions. By the viewing of this website, accessing this website, creating an advertisement online or otherwise using the information available through this site, by using any of the features, you are agreeing to the terms and conditions contained herein, in addition to any other requirements or provisions set forth in any other contract or agreement between you and BrisRealEstate.com. You agree these terms and conditions may be updated by us from time to time without notice.
Service
Simply, BrisRealEstate.com is an advertising platform. The services currently provided by BrisRealEstate.com are for real estate agencies and private owners, giving them the ability to use our online advertising service and the use of online resources and links. We provide the user the ability to search and access these advertisements and access online resources and links. Unless explicitly stated otherwise, any new features that augments or enhances the current services, including the release of new services and/or resources, shall be subject to these terms and conditions. To use the website and/or services, you must obtain access to the World Wide Web or Internet, either directly or through devices that access World Wide Web or Internet based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web or Internet, including a computer and modem, mobile access device or any other access device.
BrisRealEstate.com is not a party to, or obligated under, any transaction or rental agreement between you, the real estate agency and/or private owner and any user. As part of the services, BrisRealEstate.com may make available a variety of content through the site prepared by itself or third parties. This content is for informational purposes only and is not intended as tax, legal or investment advice. We will not be held responsible for the use and hence the consequences resulting from the use of this content and any content displayed by BrisRealEstate.com.
Your obligations and limitations on content submitted to BrisRealEstate.com
BrisRealEstate.com does not immediately control the Content posted via the website and/or services onto the website and, as such, does not guarantee the accuracy, integrity or quality of such Content. We will endeavour to eliminate such Content that contravenes the terms and conditions, within reasonable time. We do not claim ownership of the Content you place on the website or that you otherwise submit through the Services.
- In consideration of your use of the website and/or Services provided by BrisRealEstate.com, you agree to and comply with the following;
- You will provide true, accurate, current and complete information about yourself and/or agency and the property as prompted by the advertising form.
- You, the owner, the agent or acting agent will post content related solely to current available properties for sale, rental properties, share accommodation and/or holiday accommodation.
- You will accurately describe all property or community features and terms. Your Content will not be inaccurate, misleading or inflammatory.
- Your Content will comply with all federal, state and local laws. The laws of Queensland, Australia govern the agreement.
- All your Content is the sole responsibility of the person from which such Content originated. This means that you and not BrisRealEstate.com are entirely responsible for all Content that you post or otherwise transmit via the services to the website.
- You understand that by accessing, using or viewing the website and/or Services, you may be exposed to Content that is offensive, indecent or objectionable. BrisRealEstate.com is not liable nor does condone this content and will endeavour to remove content of this nature within reasonable time.
- You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the website and services, use of the website and services, or access to the website and services.
- You will not mischaracterize the relationship between you and BrisRealEstate.com or imply that BrisRealEstate.com is a party to, or obligated under, any agreement between you and any third party.
- You will NOT use the website and/or Services provided by BrisRealEstate.com to:
- Upload, provide links, post email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable.
- Impersonate any person or entity, including, but not limited to, a BrisRealEstate.com officers, representatives, agents, administrators, managers and employees, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; violates or infringes any trademark;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload, post or otherwise transmit any content that requires membership or payment to access any or all of the content posted. This includes, but is not limited to, use of Services by fee-based services, or any other company that requires additional fees or obligations to access content or information;
- Upload, post or otherwise transmit any material that contains software viruses, trojans or any other computer code, files or programs, cookies, tracking software or similar such programs designed to interfere with, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- Intentionally or unintentionally violate any applicable local, state, federal or international law, regulation or ordinance; including, but not limited to, regulations governing World Wide Web or Internet use.
- "Stalk" or otherwise harass another;
- Promote or provide instructional information about illegal, illicit or harmful activities;
- Harm minors in any way;
- Collect or store personal data about advertisers or anyone who uses the services or access the website.
Acceptable use of this site
Acceptable use of this website is governed by what a reasonable person would consider acceptable and just and the laws associated with these terms. BrisRealEstate.com will prosecute any person engaging in any prohibited use or other illegal activity and BrisRealEstate.com shall terminate its relationship with any person violating the provisions of this terms and conditions page. BrisRealEstate.com can and will edit or remove Content it feels is inappropriate and fail to comply with our terms and conditions. BrisRealEstate.com does not pre-screen Content, but BrisRealEstate.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available via the website and/or the Services. Without limiting the foregoing, BrisRealEstate.com and its designees shall have the right to remove any Content that violates the terms and conditions or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. If you provide any information that is untrue, inaccurate, not current or incomplete, or that BrisRealEstate.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BrisRealEstate.com reserve the right to edit, remove, suspend or terminate your content. Users can and will be banned from further participation on this site if they engage in activities deemed inappropriate and do not comply with the terms and conditions by BrisRealEstate.com. Please notify BrisRealEstate.com of any content, advertisements, behaviour and actions that you feel may be inappropriate. Email info@brisrealestate.com
Copyrights and proprietary rights
The BrisRealEstate.com website, Services and content such as text, graphics, logos, information, and any compilation (arrangement or assembly) or use there of, all contain proprietary and confidential information that is protected by applicable intellectual property and other laws and is the property of BrisRealEstate.com. All Content contained in sponsor advertisements or information presented to you through the website, the Services, content and advertisers is protected by copyrights, trademarks, Services marks, patents or other proprietary rights and laws of those providing such content.
Copyright in the material presented on this site is retained by BrisRealEstate.com . BrisRealEstate.com supports and encourages the dissemination and exchange of information. However, copyright protects this material.
A user may download, store in cache, display, print & copy the material in unaltered form only. A user may not transmit, distribute or commercialise the material without the written permission of BrisRealEstate.com
By placing content on the website, you give BrisRealEstate.com the license to use that material; including altering it in any way and you will not make a claim against us for breach of copyright or intellectual property of that content.
Links
Links to other sites are provided for the convenience of users. BrisRealEstate.com does not accept responsibility for the content on any other website beyond its own.
Indemnity
You will agree to indemnify, protect, defend and hold BrisRealEstate.com and its subsidiaries, affiliates, agents, co-branders or other partners, officers, representatives, administrators, managers and employees, harmless from any claim or demand, direct or indirect including our legal costs reasonable attorneys' fees, whether contributed to by our own negligence or made by any third party due or otherwise arising out of any or all of the following:
- violation of copyright or intellectual property rights on material uploaded by you or someone on your behalf to our site
- deliberate misuse by you or someone on your behalf to our site
- any use or listing on our site by you or someone on your behalf
- or reckless indifference to damage of our site or reputation by you or someone on your behalf.
- your Content
- your use of the website and/or services
- your connection to the website and/or services
- your violation of the terms and conditions by you or someone on your behalf
- your violation of any rights of another
International use
Acknowledging the international nature of the World Wide Web or Internet, you agree to comply with all local and international rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of data to and from Australia and the country in which you reside or access the World Wide Web or internet.
Limitation of liability
BrisRealEstate.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if BrisRealEstate.com has been advised of the possibility of such damages) resulting from:
- the use or the inability to use the website and the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the website and the Services; or
- any other matter relating to the Services.
In addition, BrisRealEstate.com shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers, with intermediate computer or communications networks or facilities; problems with data transmission facilities of your cable, telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, terrorism, acts of war or labour disputes. BrisRealEstate.com is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Services. BrisRealEstate.com is not a collection agency and is not responsible for pursuing users on your behalf for rental payments or any other obligation.
Modifications and termination of services
BrisRealEstate.com reserves the right and may in its sole discretion and at any time and from time to time, modify or discontinue, temporarily or permanently providing the website and/or Services, or any part thereof, with or without notice. Any termination of your access to the website and/or Services under any provision of this terms and conditions may be effected without prior notice, and you acknowledge and agree that BrisRealEstate.com may immediately deactivate or delete your online advertisement and all related information and files and/or bar any further access to such files or the services. Further, BrisRealEstate.com shall not be liable to you or any third-party for any termination of your access to the website and/or Services. You agree that BrisRealEstate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website and/or Services.
Because BrisRealEstate.com is not involved in transactions between the owner/agent and user or any third parties, if a dispute arises between one or more Website or Services users, each of you release BrisRealEstate.com (officers, representatives, agents, administrators, managers and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The terms and conditions constitute the entire agreement between you and BrisRealEstate.com and govern your use and access to the website and Services, superseding any prior agreements between you and BrisRealEstate.com. The terms and conditions and the relationship between you and BrisRealEstate.com shall be governed by the laws of Queensland, Australia without regard to its conflict of law provisions. You and BrisRealEstate.com agree to submit to the personal and exclusive jurisdiction of the courts located within Queensland, Australia. The failure of BrisRealEstate.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website and/or Services or the terms and conditions must be filed within 6 months after such claim or cause of action arose or be forever barred. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect.
Despite our efforts, the information and services available to you on and via the BrisRealEstate.com website, is subject to periods of interruption, system failure and delay and any information you provide may be lost, corrupted stolen or destroyed. BrisRealEstate.com makes no warranties or representations, express or implied, as to the operation of its website, other content or materials included on the site and disclaims to the extent permissible by law all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. BrisRealEstate.com, its officers, representatives, agents, administrators, managers and employees shall not be liable for any loss or damage, direct or consequential, including without limitation damages for loss of business or goodwill, loss of profits, work stoppage, business interruption loss, loss of privacy or any other loss or damage that you may suffer arising from use of its website or through the loss, involuntary disclosure, theft or corruption of any information you provide to BrisRealEstate.com online or through the internet.