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TERMS OF USE

TRACKMYHOUSEPRICE.COM.AU

If you browse or otherwise access any content or data on the trackmyhouseprice.com.au website you agree to be bound by these terms (terms of use).

These terms of use, together with the TrackMyHousePrice Privacy Policy, apply to the services offered by TrackMyHousePrice  (ABN ). The services include the use of TrackMyHousePrice’s website www.trackmyhouseprice.com.au any social media pages (including but not limited to Facebook and Twitter) and applications (Services). In these terms of use, “we” “us” and “our” refers to TrackMyHousePrice and we refer to you as “you” or “your”.

We reserve the right to change any of the terms of use at any time by publishing new terms on the Website. Your ongoing use of the Services constitutes your acceptance of those terms. Should you disagree with any of the terms of use your option is to immediately cease your use of the Services.

You acknowledge thatTrackMyHousePrice reserves the right to change, stop providing, temporarily suspend or limit the use of the Services to you at any time for any reason, without notice or liability.  We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

TrackMyHousePrice may monitor use of the Services and store or disclose any information that we collect, including in order to investigate compliance by you with the terms of use.

RESTRICTIONS ON USE OF WEBSITES

In accessing or using the Services you agree that you will not:

  1. use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;
  2. pose as any person or entity or attempt to obtain passwords or personal information from any person;
  3. act in violation of any term of use or other condition posed by us or any applicable law;
  4. reproduce, copy, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or any content on the Website, except as expressly authorised by us; or
  5. 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 website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

You represent and warrant that your use of the Services will comply with the terms of use, you will make sure that you keep any username and password by which you access the Services confidential and secure at all times and you accept all liability for any unauthorised use of any username and password.

THIRD PARTY CONTENT

The Services may link to third party websites or social media pages which are not owned or operated byTrackMyHousePrice. These links are provided for your convenience only. We do not endorse or approve the views or content of these websites or social media pages and will not be held liable for the views or content contained on these websites or social media pages or for any loss or damage suffered as a result of your use of a third party website or social media page.

The Services may contain content provided by third parties. We do not have a practice of monitoring or making enquiries about third party content. We are not responsible for, do not endorse and do not make representations, either expressly or impliedly, concerning third party content. Third party content does not represent the views of Housepricetag.  You rely on third party content at your own risk.

PROPERTY REPORTS

TrackMyHousePrice is not involved in any transaction between property sellers and property buyers. TrackMyHousePrice is a service which connects property owners with third party real estate professionals for the purpose of those professionals providing property reports to the owner.  The third party real estate professionals are not employed byTrackMyHousePrice and do not act on behalf ofTrackMyHousePrice. TrackMyHousePrice does not act as your agent for any purpose including the sale of any property.

If you request a property price estimate (Property Report) via the Services, you acknowledge and agree that Property Reports are of a general nature only, based on historical data and will not take into account the potential impact of external factors (such as changes in the economy, future planned infrastructure, regulation, environment or the property market) which may affect the value of the property. Property Reports should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before making any property decisions. TrackMyHousePrice will provide the personal information you provide to us (User Information) over the Services to a third party real estate professional for the purpose of that person assessing the value of your property and this third party real estate professional will contact you and provide the Property Report.

TrackMyHousePrice does not provide any Property Report or advice and is not responsible for any Property Report. TrackMyHousePrice does not act as an agent for you or any third party real estate professional involved in preparation of the report.

Property Reports contain data made available to you by the third party real estate professionals sourced via the Services.  This data may be sourced from various providers, including State and Territory Government agencies.  This data includes but is not limited to sold dates and prices, photos, key property attributes and other property information (Information).

You acknowledge and agree that TrackMyHousePrice:

  1. does not provide the Information to you and is not responsible for nor gives no warranty in relation to the Information including as to the accuracy, reliability, completeness, currency or suitability of the Information;
  2. accepts no liability including liability in negligence, for any loss, damage or costs including consequential damage, relating to any use of the Information;
  3. makes no representation about the quality, professionalism, suitability or capability of any third party real estate professional referred to you via the Services or whether that person holds any necessary licence, permit or other authority to provide any service to you; and
  4. Information should not be regarded as a substitute for professional legal, financial or real estate advice.

You further acknowledge that no third party including but not limited to the any third party real estate professional, data supplier (including any government agency) give any warranty in relation to the Information including as to the accuracy, reliability, completeness, currency or suitability of the Information nor accepts any liability, including liability in negligence, for any loss, damage or costs including consequential damage, relating to any use of the Information.

You are not permitted to:

  1. use the Information other than your own personal purposes;
  2. on-sell or sub-license the Information;
  3. disclose or provide the Information for anything other than your own personal purposes; or
  4. alter the format, meaning or substance of the Information.

FEES

You pay no fees to TrackMyHousePrice for use of the Services. TrackMyHousePrice is paid a subscription fee by the third party real estate professional who prepares the Property Report you receive.

 

PRIVACY

We undertake to take all due care with any information which you may provide to us when accessing and using our Services. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our Privacy Policy and you consent to the use of your User Information as described in our Privacy Policy.

INTELLECTUAL PROPERTY

You acknowledge that TrackMyHousePrice owns all right, title, and interest, including all intellectual property rights, in the Services including the trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by TrackMyHousePrice to develop, promote, market, sell, generate, or distribute the Services and otherwise perform under these terms or use (TrackMyHousePrice IP).  Except as provided herein, nothing in these terms of use will create a license, right, title or interest in or under any TrackMyHousePrice IP, and you agree not to sell, license, rent, modify, distribute, transfer, download, display, copy, reproduce, transmit, publicly display, translate, reverse engineer, decompile or disassemble publicly perform, publish, adapt, edit or create derivative works from any TrackMyHousePrice IP without the express written consent of TrackMyHousePrice. Use of the TrackMyHousePrice IP for any purpose not expressly permitted by these terms of use is strictly prohibited.

INDEMNITY

You, at your sole cost and expense, will defend, indemnify and hold TrackMyHousePrice, its affiliated and related entities, and any of their respective officers, directors, agents and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations from and against any fees, costs, sanctions, penalties, damages, losses or expenses (including but not limited to legal fees and costs) arising out of or relating to any your use of the Services, fraud, wilful misconduct, negligence or breach or alleged breach of these terms of use.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, TrackMyHousePrice assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, any unauthorised access to or use of the Services and all personal information stored therein, any interruption or cessation of transmission to or from the Services, any bugs, viruses, trojan horses, or similar disruption that may be transmitted to or through our Services by any third party.

Certain legislation, including the Australian Consumer Law may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified except to a limited extent.  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 the Services.

In no event shall TrackMyHousePrice be liable to you or any third party for any indirect, consequential, exemplary, special or punitive damages, including loss of profit, loss of goodwill, loss under or in relation to any other contract, loss of data, or any other intangible losses, that result from the use of, or inability to use, the Services. Notwithstanding anything to the contrary herein, the aggregate liability of TrackMyHousePrice 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 $150.00.

GENERAL

No agency, partnership, joint venture or employment relationship is intended or created between TrackMyHousePrice and you or any other person by these terms of use.

These terms or use comprise the whole agreement between TrackMyHousePrice and you. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled.

In the event any one or more of the provisions contained in these terms of use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, but these terms of use shall be construed as if such invalid, illegal or unenforceable provision had never been included and these terms of use shall be carried out as nearly as possible according to its original terms and intent.

No delay or failure by Housepricetag to exercise any of its powers, rights or remedies under these terms of use will operate as a waiver of them, nor any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.  Any waiver to be effective must be in writing.

These Terms are to be governed by and construed in accordance with the laws of Queensland. The parties irrevocably consent to the exclusive jurisdiction of the courts of Queensland for purposes of any legal action arising out of or related to the use of the Services or these terms of use.

TrackMyHousePrice may assign any rights under these terms of use or transfer any of its obligations hereunder under without the prior written consent of you.

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