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Terms & Conditions

These are the CONTRACTUAL TERMS OF USE for the FREE-TO-VIEW mastersearch.com.au website/s (collectively referred to hereafter as “Mastersearch”). If you browse or access any content or data on Mastersearch in any way you agree to be bound by these terms which, with our Privacy Policy & Disclosure Statement, form the basis on which you may use or access Mastersearch. Revised: 13-Mar-2017 07:22 AM

We reserve the right to change any or all of our terms of use for using Mastersearch at any time by publishing new terms or conditions on our website/s. Your use of Mastersearch constitutes your acceptance of those terms. Should you object to any of our terms of use on our website/s your sole option is to immediately cease your use of our website/s.

INFORMATION in Mastersearch website/s and/or publications makes no claim to be and IS NO SUBSTITUTE for professional financial, legal or real estate advice.

Noosa Bay Pty Ltd (hereafter “NBP”) ABN 63 164937 562 is responsible for maintaining Mastersearch websites and publications. NBP make no warranty as to the accuracy or reliability of the information contained therein and NBP and Mastersearch and their related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect or consequential loss or damage which may be suffered by any entity through relying on anything contained in or omitted from our website/s or publication/s.

Restrictions on the use of Mastersearch

In accessing or using Mastersearch YOU AGREE YOU WILL NOT:

  1. use any means whether manual or automated, or software or process to copy or alter any content on Mastersearch;
  2. cause any action that will knowingly impede access to Mastersearch or impose an unreasonable or intentionally disruptive burden or create excessive traffic loading/s on our online infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate usage of Mastersearch;
  3. use Mastersearch for purposes of competing with us in any manner which we have not specifically authorised; iv. use Mastersearch in any manner which, in our sole discretion, is unreasonable and/or not for the purpose which Mastersearch and its associated information is made available;
  4. violate the rights of any entity whether copyright, trade secret, privacy, intellectual property or other proprietary right;
  5. pose or present as any person or entity authorised by Mastersearch unless explicitly authorised by NBP in writing;
  6. act in violation of any Term of Use or applicable law;
  7. in any way exploit Mastersearch or any content on our website, except as expressly authorised by us in writing; or
  8. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive or hostile nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of Mastersearch, including, but not limited to technological defences and reporting such conduct to any regulatory entity and seeking relief through the Courts.

Copyright

Some subject matter on Mastersearch is copyright. Except for fair dealing permitted by the Copyright Act 1968, NBP grants permission to download material ONLY for private and non-commercial purposes. For reproduction or use of copyright material on Mastersearch beyond such use, written permission must be obtained directly from the relevant copyright owner - generally this will be the Listing Agent or Property Owner or Photographer. If given, permission is subject to the copyright owner's conditions of use including their name and interest in the material be acknowledged when the material is reproduced or quoted in whole or in part.

Your Continuing Warranties

You warrant that:

  1. your use of Mastersearch will comply at all times with our terms;
  2. you will ensure confidentiality and security of your Mastersearch user name and password at all times;
  3. You accept all responsibility for any unauthorised use of your Mastersearch user name and password, except for negligence or ommisions attributable to NBP;

Indemnity

You agree to indemnify and hold NBP and its affiliates (and their officers, agents, partners and employees) blameless against all and any loss, liability, claim or demand (including reasonable legal fees arising out of, or in connection with, your use of and/or access to Mastersearch.

Limitation of liability

Certain inalienable rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) and similar State & Territory legislation which may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, and to the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services.

IN NO EVENT SHALL NBP BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR MASTERSEARCH. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF NBP AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AUD$100.00.

Jurisdiction

Your use of Mastersearch, our Privacy Policy and all of our legal terms and/or notices are governed by and construed in accordance with the laws of the State of Queensland, Australia and by using Mastersearch you irrevocably and unconditionally submit to the jurisdiction of the Courts of that State.

Queensland Legislation effective 01 December 2014. The Property Occupations Act 2014.

Mastersearch’s display of any ‘For Auction’ Properties in online searches of our website/s DOES NOT constitute a ‘price guide’, which is proscribed by The Property Occupations Act 2014. Clients and visitors are advised to seek independent professional valuation guidance.

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