Terms and Conditions
use and/or submission of information to this commercial listing service
("Service") provided through this web site by Melbourne, Australia Classifieds
is subject to the following terms and conditions. BY SUBMITTING INFORMATION to,
or accessing information from, the Service, YOU, the end user customer
("Customer") AGREE TO THE FOLLOWING TERMS
Submission and Administration of Listings
Customer shall not submit any descriptions, photographs, financial, contact or other information ("Listings") to this web site unless (i) Customer has received all necessary rights and authorizations, including without limitation from the owner of the property listed, any necessary agents or brokers, and the author of the Listing including the photographer and/or copyright owner of any photographs, as applicable, to publish and advertise the Listing as part of the Service and allow the Listing to be accessed, downloaded and copied by users of the Service; and (ii) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times. Customer represents, warrants and covenants that the Listing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service. Melbourne, Australia Classifieds will, in its sole discretion, remove listings that are alleged to have been submitted in violation of this provision. In addition, Melbourne, Australia Classifieds may require additional evidence of compliance with this provision from customers who are alleged to have submitted listings in violation of the terms of this provision on multiple occasions. Melbourne, Australia Classifieds will, in its sole discretion, terminate the accounts of, and refuse service to, Customers who are repeat infringers.
Customer will indemnify and hold harmless Melbourne, Australia Classifieds , at customer's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs arising out of or relating to (i) breach of these terms and conditions, (ii) negligence or misconduct by customer or (iii) a claim that a listing or other information provided by customer infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party.
Use of Information
Customer agrees to treat all information and Listings obtained from the Service as proprietary to Melbourne, Australia Classifieds . Melbourne, Australia Classifieds does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at its own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device.
The listings and service are provided "as is" without warranty of any kind. Melbourne, Australia Classifieds makes no promises, representation or warranties, either express, implied, statutory, or otherwise, with respect to the listings or service, including their accuracy, operation, conformity to any representation or description, or the existence of any latent or patent defects, and Melbourne, Australia Classifieds specifically disclaims all implied warranties of merchantability, no infringement and fitness for a particular purpose.
Other Rights of Melbourne, Australia Classifieds
Customer agrees that Melbourne, Australia Classifieds shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the World Wide Web for unrestricted use by Customers. Melbourne, Australia Classifieds shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Melbourne, Australia Classifieds shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.
Limitation of Liability
In no event shall Melbourne, Australia Classifieds have any liability for any indirect, incidental, special, or consequential damages, however caused and on any theory of liability, whether for breach of contract, tort (including negligence) or otherwise, arising out of or related to the service or listings, including but not limited to loss of anticipated profits, even if Melbourne, Australia Classifieds has been advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.