TERMS AND CONDITIONS

Introduction

These terms and conditions and our “Privacy Policy” govern your use of Residential Aged Share (“RAS”) websites, mobile sites and apps (collectively called “our websitess” in these terms).  If you browse or otherwise access any content or data on our websites, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in the Terms & Conditions or will be presented to you for your acceptance when you sign up to use such Services.

You must be at least 55 years of age to use our websites.  By using our websites, and by agreeing to these terms and conditions, you warrant and represent that you are at least 55 years of age.

Our websites use cookies.  By using our websites and agreeing to these terms and conditions, you consent to RAS’s use of cookies in accordance with the terms of RAS’s privacy policy.

We reserve the right to change any or all of our terms and conditions for the use of our websites at any time.  Revised terms and conditions will apply to the use of our websites from the date of the publication of the revised terms and conditions on this websites.  Please check this page regularly to ensure you are familiar with the current version.

 

License to use websites

Unless otherwise stated, RAS and/or its licensors own the intellectual property rights in the websites and material on the websites.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the websites for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from our websites (including republication on another websites);
  • sell, rent or sub-license material from the websites;
  • show any material from the websites in public;
  • reproduce, duplicate, copy or otherwise exploit material on this websites for a commercial purpose;
  • edit or otherwise modify any material on the websites; or
  • redistribute material from these websites (except for content specifically and expressly made available for redistribution).

 

(Where content is specifically made available for redistribution, it may only be redistributed within your organisation).

 

Acceptable use

You must only use this service for the purposes for which it was designed and offered and not for any other purpose including, but not limited to, any purpose stated in these terms as being not acceptable.

It is acceptable to list only one property per subscription, at any one time.  The user may list various properties through the term of the subscription, but only one listing will be live at any one time.

You must use this service in a responsible manner, taking into account the effects your use of the service may have on other users of the service and our websites.

It is acceptable to use the service for the bona-fide listing of real property available for share accommodation, on behalf of the person entitled to offer the property for share accommodation purposes, and in accordance with these terms and conditions.

It is acceptable to use the service for the bona-fide listing of a real person seeking share accommodation, on behalf of that person who has provided their permission to include their personal information, and in accordance with these terms and conditions.

The person responsible for the listing is required to remove the listing from our websites as soon as the listing is no longer available, regardless of the reason it is no longer available.

 

Unacceptable Use

You must not use our websites to engage in the following practices:

– include in your user content, information that is not relevant to properties or people available for share accommodation

– advertise your business

– include generic listings (eg various properties available)

– misuse of fields:  placing irrelevant information in a field.  You must only use the information, description or picture fields for inserting information that is intended for those fields.  (For example, inserting your name or contact details into the description header is not acceptable).

– using logos or watermarks in images

– using incorrect images:  Drawings or cartoon images are not acceptable; displaying photos of properties other than the property being listed is not acceptable; using borders around images; using text in images; displaying a collage of images

– use false street or place names

– create duplicate listings of the same property

– remove and relist the listing in order for the listing to appear as a new listing

– impersonating other persons

– using the service to advertise properties for lease for a real estate office that is not subscribed to this service

– references to third parties:  Listings must only refer the viewer to the owner of the listing or a third party authorised to act on behalf of the owner of the listing.

 

You must not use this websites, device, software, process or any means, in any way that causes, or may cause, damage to the websites or impairment of the availability or accessibility of the websites; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this websites without RAS’s express written consent.  This includes using information from the websites for the purposes of constructing or populating a searchable database of properties and property information and/or competing with RAS in any manner that we have not specifically authorised.

You must not conduct any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem to be unreasonable or disproportionate site usage.

You must not use our websites to transmit or send unsolicited commercial or non-commercial communications (eg spam, chain letters, contests, junk emails, surveys or other mass messaging).

You must not use our websites for any purposes related to marketing without RAS’s express written consent.

Your use of our websites will comply at all times with these terms and conditions and any directions we make to you in relation to your use of our websites from time to time.

 

Restricted access

Access to certain areas of this websites is restricted.  RAS reserves the right to restrict access to areas of our websites, or indeed our entire websites, at RAS’s discretion.

If RAS provides you with a user ID and password to enable you to access restricted areas of our websites or other content or services, you must ensure that the user ID and password are kept confidential.  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 RAS.

RAS may disable your user ID and password using RAS’s sole discretion without notice or explanation, should they feel your use of RAS websites is inappropriate to the websites general purpose.

You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, to upload listings that are not relevant to the initial account holder.

 

Proprietary Rights

You retain all of your ownership rights in your user content.  RAS is under no obligation to treat your user content as proprietary information.

By posting information or content to any profile pages or public area of the websites, or making it accessible to us by linking your RAS account to any of your social network accounts (eg Facebook), you automatically grant, and you represent and warrant that you have the right to grant, to RAS and its users, the proprietary right to your content.

To the extent that any user content is proprietary in nature, you grant to RAS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to RAS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You also grant each user of our websites a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your user content as permitted by RAS and these terms.

 

User content

In these terms and conditions, “your user content” means material (including without limitation to text, images, data, audio material, video material and audio-visual material) that you submit to our websites, for whatever purpose.

You are solely responsible for, and assume all liability regarding the information and content you contribute to the service; the information and content you post, transmit, publish or otherwise make available through the websites; and your interactions with other registered users through the websites.  In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s).

You grant RAS, in respect of your user content to its websites, the right to use your name, or the name you submit, with your user content and the right to represent and warrant that:

– you own and control all of the rights to your user content

– you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise RAS to display the user content.

– you understand that when accessing our websites you may be exposed to the user content of other users on our websites.  You acknowledge and agree that RAS does not have control or and is not responsible for these other users content.  You release RAS from any claims that you could assert against RAS relating to or in connection with these other users content.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or RAS or a third party (in each case under any applicable law).  Should your user content infringe upon the intellectual property rights of any third party, you agree to pay all royalties, fees or other monies payable by reason of any user content provided by you.

You must not submit any user content to the websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

RAS reserves the right, without liability to you, edit, remove or disable access to any or all of the user content submitted to this websites, or stored on RAS’s servers, or hosted or published upon this websites, in its sole discretion without prior notice to you, if it considers that:

– the user content is in breach of any law or regulation

– the user content infringes on the intellectual property rights of any third party

– it is required to do so by a regulatory body or any relevant authority

– the user content is misleading or deceptive; inappropriate to the purpose of this websites; likely to cause offence; materially incorrect; defamatory; otherwise unlawful or corrupted, due to the presence of a virus or other disabling code.

 

Notwithstanding RAS’s rights under these terms and conditions in relation to user content, RAS reserves the right, but has no obligation, to monitor the submission of such content to, or the publication of such content on, our websites.

 

Use of anonymous information for research into improving services

By using the websites, you agree to allow RAS to anonymously use the information from you and your experiences through the websites to continue RAS’s research into improving our services.

All of your responses will be anonymous and we will not publish research containing your personal identifying information.

 

No warranties

Our websites are provided “as is” without any representations or warranties, express or implied.  RAS makes no representations or warranties in relation to tour websites or the information and materials provided on this websites.

Without prejudice to the generality of the foregoing paragraph, RAS does not warrant that:

  • the websites will be constantly available, or
  • content, links or subdomains contained on or associated with our websites, will be available and accessible at all times, or
  • the information on the websites is complete, true, accurate or non-misleading.

Nothing on the websites constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.

 

Third party content

Third party content is content provided to RAS by other parties.  RAS does not have a practice of monitoring or making enquiries about third party content.  RAS is not responsible for, does not endorse and makes no representations either expressly or impliedly, concerning third party content.  You rely on third party content at your own risk.

 

Third party links and advertising

Our websites often include advertising and hyperlinks to websites operated by third parties.  These third party websites do not form part of our websites and are not under the control of or the responsibility of RAS.  When you link to those websites, you leave our websites and do so entirely at your own risk.  RAS and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and RAS and its related entities, 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 RAS.

 

Linking to our websites

You may only link to content on our websites if we consent.  If we do allow you to link to our websites, it is on condition that you do not:

– attribute a link to RAS content as being a link to your own or someone else’s content (for example, use your own logo to link to our content).

– attribute a link to our site and then link somewhere else

– frame our content in such a way as to present it as your own or as belonging to anyone other than us

– link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.

We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you.  We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances listed above or otherwise that we consider reasonable.

 

Editorial Content

Any editorial content or articles contained in our websites or other publications are of a general nature only and do not consider your personal objectives, culture, financial situation or particular needs.  Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content.  To avoid any doubt, editorial content provided by third party authors that are not employed by RAS is deemed to be ‘third party content’ for the purposes of the section above.

 

Assumption of Risk and Precautions

You assume all risk when using the websites, including but not limited to all of the risks associated with any online or offline interactions with others.  You agree to take all necessary precautions when meeting potential flatmates.  In addition, you agree to review and follow the recommendations set forth in RAS’s ‘Safety Tips’ provided to you in our ‘Services’ section of our websites.

 

Limitations of liability

RAS and its related entities, directors, staff, officers and agents disclaim all liability and responsibility, and will not be liable to you or any third party in relation to the contents of, or use of, or otherwise in connection with, the websites:

  • for any direct loss;
  • for any indirect, consequential, special or incidental loss; or
  • for any punitive damages including business losses, loss of revenue, income, profits or forecasted savings, loss of capital, loss of contracts, customers or business relationships, loss of reputation or goodwill, downtime costs or loss or corruption of information or data.

These limitations of liability apply even if RAS has been expressly advised of the potential loss.

Exceptions

Nothing in the websites disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this websites disclaimer will exclude or limit RAS’s liability in respect of any:

  • death or personal injury caused by RAS’s negligence;
  • fraud or fraudulent misrepresentation on the part of RAS; or
  • matter which it would be illegal or unlawful for RAS to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Certain rights may also be available under the Competition and Consumer Act 2010, and may not be permitted to be excluded, restricted or modified.

 

No guarantee

RAS may not be able to provide matches for everyone seeking to use its services.  Further, RAS makes no guarantees as to the number or frequency of matches through our websites, or to the desire and ability of other users to communicate.  You understand that RAS makes no guarantees, either express or implied, regarding your ultimate compatibility with other users of our websites, or as to the conduct of such users.

 

Reasonableness

By using the websites, you agree that the exclusions and limitations of liability set out in this website’s disclaimer are reasonable.  If you do not think they are reasonable, you must not use the websites.

 

Other parties

You accept that, as a limited liability entity, RAS has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against RAS’s officers or employees in respect of any losses you suffer in connection with the websites.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this websites disclaimer will protect RAS’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as RAS.

 

Unenforceable provisions

If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, or determined by any court or other competent authority to be unlawful and/or unenforceable, that will not affect the enforceability of the other provisions of these terms and conditions.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Indemnity

You hereby indemnify RAS and undertake to keep RAS indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by RAS to a third party in settlement of a claim or dispute on the advice of RAS’s legal advisers) incurred or suffered by RAS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to RAS’s other rights under these terms and conditions, if you breach these terms and conditions in any way, RAS may take such action as RAS deems appropriate to deal with the breach, including deleting a specific listing, not permitting a listing to be uploaded to the site in the first place, suspending your access to the websites, prohibiting you from accessing the websites, blocking computers using your IP address from accessing the websites, contacting your internet service provider to request that they block your access to the websites and/or bringing court proceedings against you.

RAS reserves our right to take suspension or termination action where you are in breach of any requirement of these terms and conditions.  Where RAS suspends or deletes listings, or prevents listings from being uploaded due to breach or attempted breach by you of these terms and conditions, you will remain liable for your contractual obligations, including any fees and charges which may accrue, during the period of suspension and/or in relation to the listings deleted by us.

 

Assignment

RAS may transfer, sub-contract or otherwise deal with RAS’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Entire agreement

These terms and conditions and our Privacy Policy constitute the entire agreement between you and RAS in relation to your use of this websites, and supersede all previous agreements in respect of your use of this websites.

 

Cancellation and termination

Either you or RAS may terminate your account at any time, for any reason or no reason, without explanation or notification.  You may terminate your account by logging into our websites, accessing ‘My Account’ and selecting ‘Cancel subscription’ or ‘Close my Account’.  Regardless of which option is chosen, or which party is terminating the subscription, RAS is not liable for refunding any part of that subscription unused.

 

Jurisdiction

 

These terms and conditions, our Privacy Policy and your use of our websites will be governed by and construed in accordance with the laws of New South Wales, Australia, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of State.

 

Copyright

 

Subject matter included and accessible from our websites and all publications falls under relevant copyright laws.  RAS grants registered users of our websites permission to download copyright material only for private and non-commercial purposes.

For reproduction or use of RAS copyright material beyond such use, written permission must be obtained directly from RAS or the relevant copyright owner.  If permission is granted, it 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.

 

 

 

Copyright Residential Aged Share 2016