Terms and Conditions
Benz Australia Realty Website - General Terms of Use
Your agreement with AFC
1. Australian Financial Checkline Pty Limited ABN 31 113 008 647 (AFC) owns and operates the website at: www.benzrealty.com.au (BAR) website and any website owned and operated by AFC that replaces it will be referred to in this document as the BAR Website). Your use of the BAR Website is governed by the terms in this document, as they may be amended from time to time, and the other notices (Notices) that apply to users of the BAR Website that are posted on the BAR Website and that you can access to read on the BAR Website (together called the Terms).
2. If there is a contradiction between what a Notice says and the terms of this document in relation to the BAR Website, the terms of this document prevail to the extent of the contradiction.
3. You may enter a written Marketing or other Agreement with AFC that also governs your use of the BAR Website. If so, the terms of that other agreement prevail to the extent that they contradict the Terms.
4. You are referred to as a user in the Terms.
Accepting the Terms
5. By using the BAR Website, you agree to the Terms. If you do not agree to the Terms, you must stop using the BAR Website.
Changing the Terms
6. AFC may change the Terms from time to time. When these changes are made, AFC will make a new copy of the Terms available at http://www.benzrealty.com.au
7. You understand and agree that if you use the BAR Website after the date on which the Terms have changed, AFC will treat your use as acceptance of the changed Terms.
Owning and using BAR Website material
8. Rights and interests (including in any copyright) in all material and information on or related to the BAR Website (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) are owned either by AFC or by third parties (such as sponsors, advertisers or developers).
9. You may only copy or print copyright material for non-commercial, private use. All other copying, reproduction or other use of copyright material is prohibited, except to the extent permitted by law or unless you have written permission from AFC or the relevant copyright owner. If you are given written permission, in addition to any other conditions on that permission, you must acknowledge the copyright owner’s name and copyright interest whenever the copyright material is copied, reproduced or otherwise used.
10. Nothing in the Terms gives you a right to use any of AFC’s or any other person’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
11. You agree that:
a. your use of the BAR Website is at your sole risk;
b. you will not use the BAR Website in a manner inconsistent with applicable law. Without limiting this, you will not engage in any activity that interferes with or disrupts the BAR Website (including the servers and networks that are connected to the BAR Website); and
c. AFC has the right (but is not obliged) to monitor, keep, use and disclose any information necessary for any applicable law, any legal proceeding and any government request.
Advertisements on the BAR Website
11. The BAR Website may display advertisements and promotions. Any advertising or promotion on the BAR Website does not imply an endorsement or recommendation by AFC. Information on the BAR Website, including in any advertisements or promotions, does not constitute legal, financial or property advice.
Privacy and your personal information
12. In order to use the BAR Website, you may be required to provide information about yourself (such as your name, email address and postcode). You agree that any information you give to AFC will be accurate, correct and up-to-date.
13. You are solely responsible for ensuring that all content and any material or information that you post on or transmit via the BAR Website, conforms to all applicable data protection and privacy laws, including ensuring that you have first obtained the consent of any and all individuals whose personal information you use or disclose on or through the BAR Website.
14. For information about AFC’s data protection practices, please read AFC’s privacy policy at http://www.benzrealty.com.au This policy explains how AFC treats your personal information, and protects your privacy, when you use the BAR Website.
15. You agree to the use of your data according to AFC’s privacy policy.
Links to other websites
16. The BAR Website may include hyperlinks to other web sites or content or resources. AFC has no control over or responsibility for any web sites or resources provided by organizations or people other than AFC, including for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17. You acknowledge and agree that AFC is not liable for any loss or damage which may be incurred by you as a result of the availability of third party websites or resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these web sites or resources.
Disclaimers, exclusions and limitations
18. Information on the BAR Website, including in any publications, does not constitute legal, financial or property advice.
19. The BAR Website is provided “as is” and “as available”. Without limiting this, AFC is not responsible for any content on the FPI Website. Neither AFC nor any of its related bodies corporate, nor any of its directors, officers, employees or agents make any representations or warranties about the BAR Website or its content, including that any information obtained by you as a result of your use of the BAR Website, or the BAR Website or its contents, is accurate or reliable, or that your access to the BAR Website will be uninterrupted and secure. Subject to paragraph 20 of the Terms, AFC excludes, to the maximum extent permitted by law, all direct and indirect liability that may arise because of the use of the BAR Website, including all content, however arising and under any theory of liability, including negligence.
20. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in the Terms excludes or limits AFC’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and AFC’s liability is limited to the maximum extent permitted by law.
21. To the extent permitted by applicable law, AFC’s liability for breach of any implied warranty or condition that cannot be excluded is limited, at AFC’s option, to:
a) in the case of services supplied by AFC: the re-supply of the services or the payment of the cost of having the services re-supplied;
b) in the case of goods supplied by AFC: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.
General legal terms
22. Sometimes when you use the BAR Website, you use a service provided by another person. Your use of these other services may be subject to separate terms between you and the other person. If so, the Terms do not affect your legal relationship with this other person.
23. Apart from any other written agreement, such as a Marketing Agreement, between you and AFC, the Terms constitute the whole legal agreement between you and AFC and govern your use of the BAR Website, and replace any prior agreements between you and AFC in relation to the BAR Website.
24. You agree that AFC may provide you with notices, including those about changes to the Terms, by email, regular mail, or postings on the BAR Website.
25. A reference to a “person” in the Terms includes a natural person, corporation, incorporated association, statutory corporation, the Crown and any other type of legal entity.
26. The word “including” means “including but not limited to”.
27. If a part of the Terms cannot be fully enforced, then that part is taken to be deleted from the Terms, unless this is not possible or unless the deletion would change what AFC intends to be the effect of the Terms.
28. The Terms are governed by the laws in force in Queensland. You submit to the non-exclusive jurisdiction of the courts in Queensland and courts competent to hear appeals from those courts to resolve any legal matter arising from the Terms.
Dispute resolution
29. A party to a dispute under this agreement (except a dispute relating to payment or intellectual property) must not start or maintain litigation or arbitration in relation to the dispute (except for urgent interlocutory relief or a stay of proceedings because of this clause 29) until it has complied with this clause 29.
30. A party who requires a dispute of the kind described in clause 29 to be resolved must, within 5 working days, give the other party a written notice that gives brief details of the dispute.
31. Within 5 working days of the other party’s receipt of the notice given under clause 30, the parties must ensure that their respective head of sales (or a person in the equivalent position, or their nominees who are authorized to try to resolve the dispute):
(a) meet at a time and place that BAR nominates; and
(b) use their best efforts to attempt to resolve the dispute.
If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties must ensure that their respective chief executive officers (or a person in the equivalent position, or their nominees who are authorized to try to resolve the dispute):
(a) meet at a time and place that BAR nominates; and
(b) use their best efforts to attempt to resolve the dispute.
32. If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties agree to refer the dispute to mediation according to the then current Australian Commercial Disputes Centre (ABN 87 003 042 840) guidelines for mediation. The parties will appoint a LEADR (an association of dispute resolvers) qualified person as the mediator. However, if there is a dispute about who is to be appointed, or if the parties fail to agree on a mediator within 10 working days of the meeting under clause 31, the parties agree to the mediator nominated by the then President of the Real Estate Institute of Queensland.
33. This clause 8 is subject to the requirements of any applicable law or court order.
34. Despite the existence of a dispute, the parties must continue to perform their respective obligations under this agreement.
Date of issue: 8th December 2009
1. Australian Financial Checkline Pty Limited ABN 31 113 008 647 (AFC) owns and operates the website at: www.benzrealty.com.au (BAR) website and any website owned and operated by AFC that replaces it will be referred to in this document as the BAR Website). Your use of the BAR Website is governed by the terms in this document, as they may be amended from time to time, and the other notices (Notices) that apply to users of the BAR Website that are posted on the BAR Website and that you can access to read on the BAR Website (together called the Terms).
2. If there is a contradiction between what a Notice says and the terms of this document in relation to the BAR Website, the terms of this document prevail to the extent of the contradiction.
3. You may enter a written Marketing or other Agreement with AFC that also governs your use of the BAR Website. If so, the terms of that other agreement prevail to the extent that they contradict the Terms.
4. You are referred to as a user in the Terms.
Accepting the Terms
5. By using the BAR Website, you agree to the Terms. If you do not agree to the Terms, you must stop using the BAR Website.
Changing the Terms
6. AFC may change the Terms from time to time. When these changes are made, AFC will make a new copy of the Terms available at http://www.benzrealty.com.au
7. You understand and agree that if you use the BAR Website after the date on which the Terms have changed, AFC will treat your use as acceptance of the changed Terms.
Owning and using BAR Website material
8. Rights and interests (including in any copyright) in all material and information on or related to the BAR Website (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) are owned either by AFC or by third parties (such as sponsors, advertisers or developers).
9. You may only copy or print copyright material for non-commercial, private use. All other copying, reproduction or other use of copyright material is prohibited, except to the extent permitted by law or unless you have written permission from AFC or the relevant copyright owner. If you are given written permission, in addition to any other conditions on that permission, you must acknowledge the copyright owner’s name and copyright interest whenever the copyright material is copied, reproduced or otherwise used.
10. Nothing in the Terms gives you a right to use any of AFC’s or any other person’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
11. You agree that:
a. your use of the BAR Website is at your sole risk;
b. you will not use the BAR Website in a manner inconsistent with applicable law. Without limiting this, you will not engage in any activity that interferes with or disrupts the BAR Website (including the servers and networks that are connected to the BAR Website); and
c. AFC has the right (but is not obliged) to monitor, keep, use and disclose any information necessary for any applicable law, any legal proceeding and any government request.
Advertisements on the BAR Website
11. The BAR Website may display advertisements and promotions. Any advertising or promotion on the BAR Website does not imply an endorsement or recommendation by AFC. Information on the BAR Website, including in any advertisements or promotions, does not constitute legal, financial or property advice.
Privacy and your personal information
12. In order to use the BAR Website, you may be required to provide information about yourself (such as your name, email address and postcode). You agree that any information you give to AFC will be accurate, correct and up-to-date.
13. You are solely responsible for ensuring that all content and any material or information that you post on or transmit via the BAR Website, conforms to all applicable data protection and privacy laws, including ensuring that you have first obtained the consent of any and all individuals whose personal information you use or disclose on or through the BAR Website.
14. For information about AFC’s data protection practices, please read AFC’s privacy policy at http://www.benzrealty.com.au This policy explains how AFC treats your personal information, and protects your privacy, when you use the BAR Website.
15. You agree to the use of your data according to AFC’s privacy policy.
Links to other websites
16. The BAR Website may include hyperlinks to other web sites or content or resources. AFC has no control over or responsibility for any web sites or resources provided by organizations or people other than AFC, including for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17. You acknowledge and agree that AFC is not liable for any loss or damage which may be incurred by you as a result of the availability of third party websites or resources, or as a result of your reliance on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these web sites or resources.
Disclaimers, exclusions and limitations
18. Information on the BAR Website, including in any publications, does not constitute legal, financial or property advice.
19. The BAR Website is provided “as is” and “as available”. Without limiting this, AFC is not responsible for any content on the FPI Website. Neither AFC nor any of its related bodies corporate, nor any of its directors, officers, employees or agents make any representations or warranties about the BAR Website or its content, including that any information obtained by you as a result of your use of the BAR Website, or the BAR Website or its contents, is accurate or reliable, or that your access to the BAR Website will be uninterrupted and secure. Subject to paragraph 20 of the Terms, AFC excludes, to the maximum extent permitted by law, all direct and indirect liability that may arise because of the use of the BAR Website, including all content, however arising and under any theory of liability, including negligence.
20. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Nothing in the Terms excludes or limits AFC’s liability that may not be lawfully excluded or limited by applicable law. Accordingly, only the limitations that are lawful in your jurisdiction apply to you and AFC’s liability is limited to the maximum extent permitted by law.
21. To the extent permitted by applicable law, AFC’s liability for breach of any implied warranty or condition that cannot be excluded is limited, at AFC’s option, to:
a) in the case of services supplied by AFC: the re-supply of the services or the payment of the cost of having the services re-supplied;
b) in the case of goods supplied by AFC: the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of having the goods replaced or the payment of the cost of having the goods repaired.
General legal terms
22. Sometimes when you use the BAR Website, you use a service provided by another person. Your use of these other services may be subject to separate terms between you and the other person. If so, the Terms do not affect your legal relationship with this other person.
23. Apart from any other written agreement, such as a Marketing Agreement, between you and AFC, the Terms constitute the whole legal agreement between you and AFC and govern your use of the BAR Website, and replace any prior agreements between you and AFC in relation to the BAR Website.
24. You agree that AFC may provide you with notices, including those about changes to the Terms, by email, regular mail, or postings on the BAR Website.
25. A reference to a “person” in the Terms includes a natural person, corporation, incorporated association, statutory corporation, the Crown and any other type of legal entity.
26. The word “including” means “including but not limited to”.
27. If a part of the Terms cannot be fully enforced, then that part is taken to be deleted from the Terms, unless this is not possible or unless the deletion would change what AFC intends to be the effect of the Terms.
28. The Terms are governed by the laws in force in Queensland. You submit to the non-exclusive jurisdiction of the courts in Queensland and courts competent to hear appeals from those courts to resolve any legal matter arising from the Terms.
Dispute resolution
29. A party to a dispute under this agreement (except a dispute relating to payment or intellectual property) must not start or maintain litigation or arbitration in relation to the dispute (except for urgent interlocutory relief or a stay of proceedings because of this clause 29) until it has complied with this clause 29.
30. A party who requires a dispute of the kind described in clause 29 to be resolved must, within 5 working days, give the other party a written notice that gives brief details of the dispute.
31. Within 5 working days of the other party’s receipt of the notice given under clause 30, the parties must ensure that their respective head of sales (or a person in the equivalent position, or their nominees who are authorized to try to resolve the dispute):
(a) meet at a time and place that BAR nominates; and
(b) use their best efforts to attempt to resolve the dispute.
If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties must ensure that their respective chief executive officers (or a person in the equivalent position, or their nominees who are authorized to try to resolve the dispute):
(a) meet at a time and place that BAR nominates; and
(b) use their best efforts to attempt to resolve the dispute.
32. If a dispute is not resolved under clause 31 within 5 working days of the meeting, the parties agree to refer the dispute to mediation according to the then current Australian Commercial Disputes Centre (ABN 87 003 042 840) guidelines for mediation. The parties will appoint a LEADR (an association of dispute resolvers) qualified person as the mediator. However, if there is a dispute about who is to be appointed, or if the parties fail to agree on a mediator within 10 working days of the meeting under clause 31, the parties agree to the mediator nominated by the then President of the Real Estate Institute of Queensland.
33. This clause 8 is subject to the requirements of any applicable law or court order.
34. Despite the existence of a dispute, the parties must continue to perform their respective obligations under this agreement.
Date of issue: 8th December 2009