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Terms and Conditions of Use of the golfproperty.com website.

Golf Property Limited (GPL) is pleased to provide you with access to the website and related services owned by GPL. If you browse or otherwise access or use any content or data on the GPL website at golfproperty.com website ( and related services), you agree to be bound by these terms and conditions (and the other terms and conditions and any policies referred to in these terms and conditions) as amended from time to time.

These terms and conditions of use and our Privacy Policy form the basis on which you may access and use the GPL website, including any subdomains of that website, any mobile sites, apps, voice assistant products, APIs and widgets (collectively called “the GPL website” in these terms and conditions). For APIs and widgets the additional terms of use may also apply and in this case please contact us at info@golfproperty.com to request a copy of the additional terms.

 

GPL reserves the right to change any or all of these terms and conditions of use or other conditions for using the GPL website at any time by publishing the new terms or conditions on  the GPL website. Your use of the GPL website constitutes your acceptance of these terms and conditions. Should you object to any of our terms and conditions of use or other notices on  the GPL website your sole option is to cease immediately your use of the GPL website.

If you are a golfproperty.com customer looking for the general terms and conditions applicable to your golfproperty.com subscriptions and other products, please refer to the Terms provided upon establishing your account.

 

GPL publishes or makes available on the GPL website information, advertisements, product and service offers, property data and links and other content supplied by GPL and third parties. GPL does not warrant that content, links, or subdomains contained on, or associated with the GPL 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. GPL does 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 by GPL at any time without notice to you.

Whilst GPL takes reasonable care to ensure that the material on the GPL website is correct current and free from errors, GPL gives no warranty as to the accuracy or reliability of the information contained on the GPL website (including, but not limited to, any content or information generated on the GPL website by or on behalf of us or any third party) and specifically does not provide any warranty in relation to any goods or services advertised for sale on the GPL website. GPL 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 any recipient through relying on anything contained in or omitted from our platform or publications.  Information on the GPL website and in any GPL or golfproperty.com publication is general in nature and may not be appropriate, correct or sufficient for your circumstances. It should not be regarded as a substitute for professional legal, financial or real estate advice.

Restrictions on use of GPL website

In accessing or using the GPL website you agree that you will not without the prior written approval of GPL or as otherwise expressly authorised by GPL on our website:

(a) use or index any content or data on the GPL website for the purposes of:

(i) constructing or populating a searchable database of properties,

(ii) building a database of property information; or

(iii) competing with us in any manner;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working of  the GPL website;

(c) use any automated device, software, process or means to access, retrieve, scrape, or index the GPL website or any content on the GPL website;

(d)       undertake any action that will impose a burden or make excessive traffic demands on the GPL infrastructure related to the GPL website that we consider, in our sole discretion, to be unreasonable or disproportionate site usage;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether or not commercial in nature;

(f) use the GPL website or any content from the GPL website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose for which it is made available;

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(h) falsely pose as any other person or entity or attempt to solicit money, passwords or personal information from any person;

(i) transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or other material considered by GPL to be threatening, hurtful or otherwise inappropriate;

(j) act in violation of any of GPL’s terms and conditions or other condition imposed by GPL or any applicable law;

(k) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit GPL website or any content on the GPL website; or

(l) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

If GPL considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted in breach of these terms and conditions or in any manner contrary to GPL’s commercial interests then GPL may, without prior notice to you, terminate your right of access and use of the GPL website at any time. GPL also reserves the right to take whatever action it considers necessary or desirable to prevent a re-occurrence of such conduct by you, including reporting your conduct to any person or authority.  You must keep secure and confidential your username and password to access the GPL website and not provide those details to any third party. You represent and warrant to GPL that you accept all liability for any unauthorised use of any username and password issued by GPL to you.

Copyright

The subject matter on and accessible from on the GPL website is protected by Australian and international copyright and intellectual property laws. Apart from fair dealing permitted by Australian legislation,, GPL grants users to the GPL website permission to download copyright material only for private and non-commercial purposes. For reproduction or use of golfproperty.com copyright material beyond such use, written permission must be obtained directly from us 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.

In consideration of GPL allowing you to access and use the GPL website, you grant to GPL a non-exclusive, payment free, perpetual and irrevocable licence to reproduce, modify, delete, adapt and publish any material you post or otherwise transmit to or on the GPL website. You warrant that you have all the necessary rights in the content that you contribute and that it does not infringe any laws. You indemnify GPL and its related entities, directors, officers and agents from and against any liability, claim, loss or demand arising out of or in respect of a breach of such warranty. You also waive any moral rights you may have in respect of such content.

Third party links and advertising

The GPL website includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to  some of our real estate agency customers. Those third party websites do not form part of the GPL website. Such third party websites are not under GPL control or responsibility. When you link to those websites you leave the GPL website and do so entirely at your own risk. GPL gives no warranty as to the accuracy or reliability of the information contained on any third party websites, and GPL, 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 on the GPL website does not imply an endorsement or recommendation by GPL.

Contributions

In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that GPL has permitted you to host, share, publish, post, store or upload on the GPL website as permitted under these terms and conditions.

GPL 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 limitation, GPL may remove or disable access by any person to any or all your Contributions if it considers that:

(a) those Contributions are in breach of any law;

(b) those Contributions infringe the intellectual property rights of any third party;

(c) it is required to do so by a regulatory body or any relevant authority;

(d) those Contributions are:

(i) misleading or deceptive;

(ii) inappropriate having regard to the purpose of our platform;

(iii) likely to cause offence;

(iv) materially incorrect;

(v) obscene;

(vi) defamatory;

(vii) otherwise unlawful; or

(viii) corrupted, due to the presence of a virus or other disabling code.

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

To the extent that any Contributions are proprietary in nature, you grant to GPL 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 GPL website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by us and these terms and conditions.

You grant to GPL, in respect of Contributions to the GPL website, the right to use your name or the name you submit with the Contribution, and the right to represent and warrant that:

(a) you own and control all of the rights to the Contributions; or

(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display the Contributions.

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

(a) 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; and

(b) you understand that when accessing  GPL website, you may be exposed to the Contributions of other users of the GPL website. You acknowledge and agree that we do not have control of and are not responsible for these other Contributions. You release us from any claims that you could assert against us relating to or in connection with these other Contributions.

You irrevocably represent and warrant to GPL that:

(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display your Contributions; and

(b) you will not make any Contributions that:

(i) 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;

(ii) are misleading or deceptive;

(iii) are materially incorrect;

(iv) are likely to cause offence;

(v) directly or indirectly involve the advertising or marketing of any products or services;

(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;

(vii) are defamatory;

(viii) are otherwise unlawful or encourage unlawful conduct; or

(ix) are otherwise inappropriate having regard to the purpose of the GPL website.

Third Party Content

The GPL website contains content provided to GPL by other parties (Third Party Content). GPL is not responsible for, does not endorse and makes no representations, either expressly or implied, concerning any Third Party Content. Third Party Content does not necessarily represent our views. Any reliance by you on Third Party Content is completely at your own risk.

Platform providers

Any apps and voice assistant products on the GPL website are provided subject to the terms and conditions of use of the GPL website and / or software provider’s terms.

(a) Apple

If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and GPL. The end user licence agreement is between GPL and you – it is not an agreement between Apple Inc. (Apple) and you.

GPL grants to you a non-transferable licence to use the app on any iPhone or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.

 

You acknowledge that:

  • GPL (not Apple) is solely responsible for the app and its contents; and
  • Apple is not required to provide maintenance or support services for the app.

If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is GPL’s responsibility.

GPL (and Apple is not) is responsible for:

  • addressing any claims by you or any third party relating to the app or your possession or use of the app, including (but not limited to): (i) product liability claims; (ii) failure of the app to conform to any applicable legal or regulatory requirement; and (iii) claims under consumer protection or similar legislation; and
  • investigating, defending, settling and discharging any third party claim that the app or your possession or use of the app infringes that third party’s intellectual property rights.

You  irrevocably represent and warrant to GPL that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims you can contact GPL at info@golfproperty.com, via the ‘feedback’ option on the app Settings menu or by calling our contact phone number in your country

You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that your acceptance of these terms (and this end user licence agreement) gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.

(b) Android

Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

(c) Amazon

If you download one of our skills through the Amazon Skills store, you acknowledge that these terms incorporate an end user licence agreement between you and us. The end user licence agreement is between us and you – it is not an agreement between Amazon and you.

We grant you a non-transferable licence to use the [golfproperty.com Alexa Skill] on the terms set out in this agreement.

Property Reports

If you request a property or suburb report or price estimate (Property Report) via the GPL website then we will refer your request to the listing real estate agent for that given property and you consent to the use of your email address for the purposes described in our Editorial content.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold GPL and its directors, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable legal fees) arising out of, or in connection with your use of and access to the GPL website or making Contributions which are not in accordance with these terms and conditions.

Policy for linking to GPL website

You may only link to content on the GPL website if GPL consents. If GPL does allow you to link to the GPL website, it is expressly done so on condition that you do not:

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

(b) attribute a link to our site and then link somewhere else;

(c) frame our content in such a way as to present it as your own or as belonging to anyone other than GPL or our licensors; or

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

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

What Law governs these terms and conditions

These terms and conditions and the contract created by your acceptance of them shall be governed by and construed in accordance with the laws of the State of Western Australia and you irrevocably agree to submit to the exclusive jurisdiction of the Courts of that State.

Limitation of liability

.Other than as set out in in this provision, and to the fullest extent permitted by law, all rights, remedies, conditions, guarantees and express and implied warranties in respect of any goods or services supplied by GPL are hereby excluded.

 

To the fullest 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 GPL OR GOLFPROPERTY.COM 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 GPL WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF GPL AND  GOLFPROPERTY.COM 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 $100.00.

 

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