Definitions
Residex means collectively any one of Residex Home Finder Pty Limited or Residex Pty Limited, or any business operated by either of them or by any company that is a related body corporate of either of them SMS means any text based telephone message Website means the internet web site provided by Residex, any SMS or any paper base or electronic based report produced by Residex Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering Licensed Data means data that is owned by or licensed to state government departments and licensed to others under agreements Licensed Data Product means any Valued Added product derived from or based on the licensed data or any licensed data product. Value Adding means any augmenting, repackaging or incorporating of the Licensee’s data, or other data licensed to the Licensee, with the Licensed Data. Conversion of the Licensed Data onto different media or the translation into different format is not Value Adding
Contractual basis
Access to and use of this website is provided by Residex subject to the terms and conditions set out below. By using this website, you acknowledge and agree that:
- you are legally bound by these terms and conditions, which will be taken to have come into effect immediately on your first use of this website. If you do not agree to be legally bound by all the following terms and conditions, please do not access and/or use this website, and
- Residex may change these terms and conditions at any time by posting changes to this webpage. The date on which these terms and conditions was last updated is stated at the end of these terms and conditions. Please review these terms and conditions regularly to ensure you are aware of any changes made by the Parties. Your continued use of this website after changes are posted means you agree to be legally bound by these terms and conditions as updated and/or amended.
Basis On Which You May Make Contributions
Residex expects and welcomes contributions that stimulate debate and discussion about the properties which are listed for sale on this web site. While encouraging vigorous debate and comment Residex expects all participants to respect each other’s rights and have regard to the financial interests of the property owner. Please remember that remarks about a property which are not correct or which can not be proved may leave you exposed to legal proceedings by the property owner or a property purchaser.
Your Acknowledgements About The Information On This Website
By using this website, you acknowledge and agree that:
- Residex provides the information which is displayed on this website about the calculated price, price range of properties and the comparative street rating for each property in good faith, but
- Residex makes no claim as to the correctness of the information so provided and advises that in each case the numbers have been calculated statistically based on the information which it holds, and
- while Residex has taken all reasonable statistical steps to ensure that the numbers provided are accurate it is likely that in some cases the results which are displayed will be incorrect in some respects, and
- any inaccuracies that do arise will be as a consequence of some individual properties being unique or because Residex holds information which is either incorrect or out of date, and
- for this reason Residex gives the property owner and the advertising real estate agent the right to update its data and make comment, although
- as this process takes place over time Residex anticipates that there will be fewer properties which will have any statistical errors associated with them.
Disclaimer Of Liability
Residex expressly disclaims any liability for any loss or damage of any kind whatsoever (whether such losses where foreseen, foreseeable, known or otherwise) suffered or incurred by any user of this website, including, but not limited to loss or damage of the following kinds:
- loss of data
- loss of revenue or anticipated profits
- loss of business
- loss of opportunity
- loss of goodwill or injury to reputation
- losses suffered by third parties
- any indirect, consequential, special or exemplary damages which may arise directly or indirectly from
- any person acting or deciding not to act partly or wholly on the basis of the information displayed on this web site, or
- any party making a comment about any property which is displayed on this web site.
General Conditions Of Use
- Children’s contributions should be supervised by an adult
- You may be held legally responsible for the content you submit to this website
- All material published on this website is at Residex’s sole discretion
- Without notice to you your contribution may be edited, removed or not published if and when Residex becomes or is aware of it and Residex considers it to be
- defamatory, or otherwise unlawful or that it violates laws regarding harassment, discrimination, privacy or contempt
- intentionally false or misleading
- abusive or offensive, including because it is obscene, blasphemous and racially vilifying
- of nuisance value, inappropriate, off topic or vexatious
- compromising the privacy of yourself, other contributors or of Residex staff, or containing inappropriate personal information
- providing information about a property which could lead to criminal activity such as burglary;
- seeking to endorse commercial products or activities or to solicit business
- a deliberate provocation of other community members
- a posting on behalf of a suspended member – which may lead to you also having your membership suspended or cancelled
- Residex reserves the right to archive, use and republish all data or other contributions (such as photographs) to its interactive features across all platforms: this means that when you provide such data you are explicitly agreeing to allow Residex to hold and use that data in any manner that Residex may choose and without any restriction whatsoever
- If you repeatedly breach these terms and conditions Residex reserves the right to complain to your internet service provider, and where it considers it appropriate to do so, to initiate legal action.
Copyright
- Material published on this website is protected by the same laws of copyright which apply to books, videos and music
- The right to ‘copy’ always remains with the owner of the material. Unless expressly stated otherwise, you are not permitted to copy or republish anything you find on this website without the express permission of Residex
- If you wish to refer to material on someone else’s website Residex recommends that you include an attribution in your message
- Under Australian copyright law, limited quotation is permissible in the context of genuine review and criticism. However this does not permit extensive quoting
- When you submit content, data or photographs in any format, or you explicitly provide Residex with consent to gather data from another web site on which you have advertised a property, you acknowledge that you have all necessary rights, including copyright, in the material that you are contributing to Residex. You agree that Residex may use the material online and in whatever other ways Residex chooses, now and in the future
- Please note that various State Governments own copyright in some of the data which Residex has developed to provide the information on this website. For further details, please see the section headed Data rights of others.
Comments And Complaints
Residex welcomes your constructive comments. To make a comment please send an email to fmah@residex.com.au. Residex will treat all complaints seriously and will respond as soon as it is practicable to do so.
Registration And Login Names
Residex recommends that applicants register online using a pen name or pseudonym as their login name (not their real name). Applicants must not intentionally use the name of another living person. Residex at its sole discretion may refuse registration of visitors whose suggested login names are considered inappropriate. Grounds for refusal may include:
- offensive content
- obscenity
- abuse
- defamatory content
- contempt
- incitement
- copyright infringement
- brand names or registered trademarks
- company or organisation names
- names of high-profile or public figures, or
- names promoting political, religious, social or economic issues
Residex will not accept any registration that Residex suspects are being made by or on behalf of a member who has been suspended for repeated violation of these terms and conditions. Repeated breaches of these terms and conditions may cause Residex to suspend and/or delete member registrations.
Privacy
Residex will not disclose to any third party any personally identifiable information that it obtains in the course of its commercial transactions with you unless you specifically agree otherwise. Residex collects and has collected public information in the form of title and property sales transactions from various Government agencies for approximately two decades. Residex does not provide marketing lists from any government data and will not use the Licensed Data Products for direct marketing. Residex at its discretion may provide the contact details of people who have consented to having their names, email and/or mobile phone numbers supplied to parties associated with this website. The information obtained from Government agencies does contain property owner names and, in the case of some states, the owner’s address. To the extent that any property owner does not wish others to know of their property ownership then Residex will remove his or her name and address from its database providing the identified owner requests same by writing to Residex at PO Box 6192, North Sydney, 2060
In using this website and its reports you agree to be bound on the same terms as conditions as Residex as stated above. In particular you agree that you will not use the Licensed Data or Licensed Data Products with the intention of encroaching upon the privacy of an individual and will comply with the privacy laws.
Reports
Residex advertises its products on this website. By ordering a product from this website you are taken to have acknowledged that it is being ordered via the www.residex.com.au web site and you are also taken to have agreed to the terms and conditions set out on the www.residex.com.au website.
Data Rights Of Others
The ratings and price ranges displayed on this website have been developed from statistically calculated information developed by Residex. The statistical information is developed from data collected from the general media, real estate agents, financial institutions and government agencies. Residex does not claim any rights to the Licensed Data and no information provided by any government agency is displayed on this site. However, for completeness as the reports that are available from this web site do contain Licences Data you agree to the following:
NSW
Information provided for NSW properties has been developed in part by using some property information provided under licence from the Department of Lands NSW. The property sales information is provided monthly and Residex updates its data bases within 10 days of any monthly receipt of property data. Data collected from other sources is immediately included in Residex’s data bases. Residex is authorised as a Sales Information Provider by the NSW Department of Lands.
QLD
Information provided for Queensland properties has been developed in part by using some property information provided under licence from the State of Queensland (Department of Natural Resources and Water). The Department of Natural Resources and Water makes no representations or warranties about accuracy, reliability, completeness or suitability of the data for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a result of the data being inaccurate or incomplete in any way and for any reason. Products on this site may use and be based on data provided with the permission of the Department of Natural Resources and Mines, and all such licensed date products are copyright the State of Queensland (Department of Natural Resources and Water) [2008].
VIC
Information provided for Victorian properties has been in part developed by using some property information provided under licence by the State of Victoria. To the extent that this report has been developed using information owned by the State of Victoria, the State of Victoria owns the copyright in the Property Sales Data which constitutes the basis of the information which is calculated by Residex and presented on this website. Reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the information contained in this report and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.
SA
Information provided for South Australian properties has been developed in part by using some property information provided under licence. Residex is required to make the following statements with respect to any information that is in turn provided to you by this website: WARNING: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the ‘State’). The information is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State. The software by which the information is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the information, or the software by which it is provided. Persons acquiring or using the information and its associated software must exercise their independent judgement in doing so. COPYRIGHT: Copyright in the information remains with the Crown in right of the State of South Australia. The information is reproduced under licence from the Crown. PRIVACY: The information contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.
TASMANIA
Information provided for Tasmanian properties has been developed in part by using some property information provided under licence by the Real Estate Institute of Tasmania. Copyright in the sales information used to undertake the statistical calculations belongs to the Real Estate Institute of Tasmania on behalf of its members and while every effort is made in its compilation, the institute does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.
WA
Information provided for Western Australian properties has been developed in part by using some property information provided under licence by the Department of Land Information of Western Australia. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Department of Land Information of Western Australia and while every effort is made in its compilation, the Department does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.
NT
Information provided for the Northern Territory properties has been developed in part by using some property information provided under licence by the Department of Infrastructure, Planning and Environment of the Northern Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Department of Infrastructure, Planning and Environment of the Northern Territory and while every effort is made in its compilation, the Department does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose.
ACT
Information provided for the Australian Capital Territory properties has been developed in part by using some property information provided under licence by the Government of the ACT. The Territory Data is the property of the Australian Capital Territory. Copyright in any of the sales information used to undertake the statistical calculations belongs to the Government of the ACT and while every effort is made in its compilation, the Government of the ACT does not accept any responsibility for the accuracy or completeness of the information or its suitability for any purpose. Enquiries should be directed to: Director Customer Services ACT Planning and Land Authority GPO Box 1908 CANBERRA ACT 2601
Governing law
These terms and conditions are to be governed by and interpreted in accordance with the laws of New South Wales.
