Terms of Use

Definitions

Agreement means these terms of use, the NHG privacy policy, and any other terms incorporated by reference into these terms of use, in each case as amended from time to time;

Contributions means information including data, text, video, still images, audio or other material that NHG has permitted you to host, share, publish, post, store or upload on the website as permitted under this Agreement.

Other User Contributions means information including data, text, video, still images, audio or other material that NHG has permitted users other than you to host, share, publish, post, store or upload on the Website.

NHG means New Homes Guide Pty. Ltd. West Australian Limited and their related corporations or any of them.

Syndication Tools means the various syndication arrangements that NHG may make available from time to time, which may include NHG widgets, APIs, partner-site plug-ins and co-branded website arrangements.

Website/s means any website operated by NHG and includes elements of NHG operated websites published via the Syndication Tools.

Terms of Use - User / Consumer

These terms of use, along with our Privacy Policy and other notices on our websites, form the basis on which you may access and use our websites. We reserve the right to change any or all of our terms of use or other conditions for using our websites at any time by publishing the new terms or conditions on our Websites. Your use of our websites constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our websites your sole option is to immediately cease your use of the websites.

Information on our websites and in any newhomesguide.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice. NHG makes no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Websites by or on behalf of NHG, and any Third Party Content on our websites) and NHG, their directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our websites or publications.

Users agree not to SPAM NHG Clients (Builders/Developers).

NHG Users are not to use the site as a platform for mass marketing.

Enquiries and contacts to NHG clients should be genuine enquiries regarding the homes displayed on the site. NHG have ownership of all content and data and forbid the 'scraping' or otherwise unauthorised access and use of NHG data.

NHG content is not to be re-published without express written permission from NHG.

Restrictions on use of Websites

In accessing or using our Websites you agree that you will not:

  1. use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
  2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our websites;
  3. 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;
  4. use any content on, or index our websites for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
  5. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
  6. 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;
  7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
  8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
  9. act in violation of any Term of Use or other condition posed by us or any applicable law;
  10. 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 Websites, except as expressly authorised by us; or
  11. 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 websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our websites and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, NHG grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of newhomesguide.com.au copyright material beyond such use, written permission must be obtained directly from NHG or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Third party links and advertising

Our websites often include advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to the websites of some of our real estate agency customers. Those third party websites do not form part of our websites and are not under the control of or the responsibility of NHG. When you link to those websites you leave our web site and do so entirely at your own risk. NHG makes no warranty as to the accuracy or reliability of the information contained on any third party websites, and NHG, its directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by NHG.

Contributions

For the purposes of this section titled Contributions, "You" or "you" means the individual making Contributions to NHG's Websites.

NHG may permit you to make Contributions to its Websites.

You retain sole responsibility and accept all liability for all Contributions you make to any NHG website. NHG disclaims any and all liability in connection with Contributions. NHG assumes no responsibility for monitoring any Contributions. NHG does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. NHG is under no obligation to treat your Contributions as confidential information.

NHG may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, NHG may remove or disable access to any or all your Contributions if it considers that:

  1. those Contributions are in breach of any law or regulation;
  2. those Contributions infringe the intellectual property rights of any third party;
  3. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
  4. those Contributions are:
    1. misleading or deceptive;
    2. inappropriate having regard to the purpose of the Website;
    3. likely to cause offence;
    4. materially incorrect;
    5. obscene;
    6. defamatory;
    7. otherwise unlawful; or
    8. corrupted, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your Contributions. NHG is under no obligation to treat your Contributions as proprietary information.

To the extent that any Contributions are proprietary in nature, you grant:

  1. NHG, in respect of Contributions to its websites a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of the website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by NHG and this Agreement.

You grant:

  1. NHG, in respect of Contributions to its websites; and
  2. you own and control all of the rights to the Contributions; or
  3. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise NHG to display the Contributions.

For any Contributions that you may retain moral rights in, you declare that:

  1. you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;
  2. you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by NHG in respect of all Contributions.
  3. you waive and agree not to assert any entitlement to any and all moral rights of an author in any Contribution; and
  4. you release NHG in respect of all Contributions from any claims that you could assert against NHG by virtue of any such moral rights.

You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that NHG has no control of and is not responsible for Other User Contributions. You release NHG from any claims that you could assert against NHG relating to or in connection with Other User Contributions.

Third Party Content

Our websites contain content provided to NHG by other parties ("Third Party Content"). NHG does not have a practice of monitoring or making inquiries about Third Party Content. NHG is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of NHG. You rely on Third Party Content completely at your own risk.

Terms of Use - Clients

These Terms of Use are designed to maintain an equitable and fair marketing forum for all new home builders and developers.

A "Client" is defined as a company or business who has entered into an agreement to pay by subscription, to access the NHG website for the purposes of uploading and displaying images and information regarding the marketing of new homes, developments and house and land packages.

The NHG website has been developed based on a principal of fair play and creating an online marketing environment that is equitable for all builders and developers, regardless of the size of their company.

In order to support and enforce this principal, NHG reserve the right to delete and edit Client Content should it be in breach of the following Terms of Use.

As an NHG Client, you represent and warrant that:

  1. the information you supply on registration is accurate in all respects;
  2. if any of that information changes you will promptly notify NHG in writing of the changes (click here for contact information);
  3. your use of the website will comply at all times with this Agreement and any directions published from time to time by NHG on the website;
  4. you will make sure that you keep your username and password by which you access the website confidential and secure at all times;
  5. 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 NHG;
  6. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise NHG to display your Contributions; and
  7. you will not make any Contributions that:
    1. infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;
    2. are misleading or deceptive;
    3. are materially incorrect;
    4. are likely to cause offence;
    5. directly or indirectly involve the advertising or marketing of any products or services;
    6. are obscene, including pornographic, hateful, racially or ethnically offensive material;
    7. are defamatory;
    8. are otherwise unlawful or encourage unlawful conduct; or
    9. are otherwise inappropriate having regard to the purpose of the Website.

NHG Admin have the right at any time to adjust and/or remove client content that is in breach of these Terms of use.

Clients agree to use the site within the parameters of both the contract you have purchased/signed and to agree not to attempt to develop short cuts/work arounds for the systems that control the site.

Client are responsible for their own content & bound by the terms of the package purchased.

Image areas are for the display of property images, not graphics, text, sale offers or other call to action or incentive devices.

Property Titles/Names should be the name only and not include any additional information regarding the location and/or features of the property.

NHG has the right to use the content and images uploaded onto the site, for the promotion of the site and for general marketing purposes.

NHG retain all rights to use the data gathered by the site in any way they deem acceptable in other applications, data bases etc.

It is the client's responsibility to ensure that the content and images they display on NHG are as true and accurate as possible, and updated and maintained as required to maintain maximum accuracy.

NHG will not be liable for inaccurate or misleading information. Content remains the responsibility of each client.

NHG will not be liable for any loss of business resulting from the site being 'off line' at any times.

The information contained in this website is for general information purposes only. While NHG endeavors to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will NHG be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under our control. NHG has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly.

However, NHG takes no responsibility for, and will not be liable for, the website being unavailable.

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither NHG nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and NHG expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Indemnity

You agree to indemnify and hold harmless NHG, and their 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 and access to the Website or Contributions not in accordance with these terms.

Policy for Linking to Our Websites

Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.

However, in using hyperlinks, NHG:

  1. Attributes the original source of the hyperlink where it points to third party content.
  2. Does not claim ownership or rights to content belonging to other parties.

You must observe similar practices when linking to our content. You should be aware that if you do not do this, this youmay be in breach of our rights or the rights of NHG's licensors or other third parties.

Please do:

  1. Link to our content directly. NHG encourages direct links.
  2. Comply with all copyright, trade mark or other applicable laws.
  3. Use the title or headline of the content to which you are linking, as long as you link directly to that content.

Please do not:

  1. Attribute a link to NHG content as being a link to your own or someone else's content (for example, use your own logo to link to our content).
  2. Attribute a link to our site and then link somewhere else.
  3. Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors.
  4. Link to our content as part of a property portal aggregating property listings and/or information, unless we give you specific written approval to link to our content.

NHG reserves the right to require that you do not link to our content and we may exercise this right by giving notice to you. NHG reserves complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is due reason.

Limitation of liability

Certain rights and remedies may be available under the Australian Competition and Consumer Law and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, NHG excludes all conditions and warranties that may be implied by law. 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; or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL NHG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, 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 THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF NHG, 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 $100.00.

Terms of Use of the Syndication Tools

These terms of use govern use of the Syndication Tools by consumers.

The terms and conditions governing the incorporation of Syndication Tools into third party websites are contained at www.newhomesguide.com.au.

Jurisdiction

Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Western Australia, Australia and by using our Internet sites you irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of that State. You agree that you will not at any time object to that jurisdiction on the grounds of forum non conveniens or otherwise.

Published December 2012.