These Website Terms and Conditions of Use (Terms) govern your access to and use of the content located on the website (Content) located at www.truemarket.com.au (Site) and form a binding contractual agreement between you, the user of the Site and the owner of the Site, TrueMarket Pty Ltd ACN 628 487 203 trading as TrueMarket (TrueMarket). The term you refers to the party/customer using the Site and/or contributing content to the Site.

For that reason these Terms are important and you should ensure that you read them carefully and contact TrueMarket with any questions before you subscribe to and/or use the Site. You can contact TrueMarket at enquiries@truemarket.com.au if you have any queries.

TrueMarket may, in its absolute discretion, modify or amend these Terms from time to time and those modifications or amendments will be binding on you once displayed on the Site. We will endeavour to notify you of any material change to the Terms by either sending an email notice or by placing a notice on the Site.

By subscribing to and/or using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms your subscription and/or use of the Site will not be approved or authorised.

• 1. USE OF SITE

• 1.1 You acknowledge and agree that access to the Site is granted solely for the purpose of giving you access to Content and that TrueMarket at all times retains all right and title to the Content.

• 1.2 You may access and use the Site in the normal manner. You must not use the Content in any way other than for general information and review purposes only. You are not authorised to copy or reproduce the Content in any way.

• 1.3 You must not add to, remove or vary any Content unless permitted by TrueMarket.

• 1.4 The Site may contain links to other websites as well as content added by people other than TrueMarket. TrueMarket is not responsible for, nor does it endorse, sponsor or approve any such user generated content on the Site or any content available on any linked website.

• 1.5 You acknowledge and agree that:

  1. You are over the age of eighteen (18) years of age;

  2. Upon being granted access to the Site by TrueMarket (in its sole discretion) you may be issued with a user-id and password;

  3. You are responsible for ensuring the security of your computer and maintaining the confidentiality of any issued user-id and password to the Site and of your data and User Content;

  4. You must not allow any other person access to your issued user-id and password and you will be responsible for all your account information (if any) and use of your account by anyone other than yourself;

  5. You must notify TrueMarket immediately if you become aware of any unauthorised use of your issued user-id and/or password;

  6. Your use of the Site is your responsibility and is entirely at your own risk and you accept full responsibility for all and any information that you transmit via your access to the Site;

  7. You must not use the Site in a way that breaches any of these Terms or any laws, regulations, standard or codes as enacted or modified from time to time;

  8. You must not use, reproduce, sell, resell or otherwise exploit any of the Content or any part of it for commercial purposes. In particular, you agree that, subject to the law, you will keep confidential any information of an employee or associate of TrueMarket which forms part of the Content;

  9. You must not modify, copy, adapt, distribute, translate or create derivative works of any kind whatsoever of any of the Content;

  10. TrueMarket retains complete editorial control over the Site and may change, modify, alter, amend, delete any of the Content or cease the operation of the Site at any time in its sole discretion;

  11. The Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes);

  12. The Site will not be error free and TrueMarket does not guarantee that the Site will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the Site;

  13. You are responsible for acquiring and maintaining all equipment, services and software necessary to access the Site. You are responsible for all telecommunication fees or charges incurred as a result of connecting to the Site;

  14. You have reviewed the terms of our Privacy Policy and Disclaimer as set out on the Site.

• 2. REPORTS

• 2.1 In consideration for the payment of any fee as advised to You by TrueMarket, TrueMarket may generate an indicative report of the value of a subject property as requested by you (the Property) which must not be used other than for the Permitted Purpose (the Report).

• 2.2 For the purposes of these Terms,  Permitted Purpose  means for the purposes as set out in the report.

• 2.3 You acknowledge and agree that the Report must not be used for purposes in connection with:

  1. obtaining a mortgage over the Property;

  2. obtaining mortgage insurance;

  3. legal proceedings; and/or

  4. any other matter that requires an assessment of market value as defined by the International Valuation Standards Council and as adopted by the Australian Property Institute.

       unless the Report specifically records that the Report may be used for such purposes.

• 2.4 When requesting a Report for the Property, you must, within a reasonable time, provide TrueMarket with all information reasonably requested by TrueMarket in relation to the Property.

• 2.5 You acknowledge that, unless otherwise agreed with Truemarket, the Report is generated without a physical inspection of the Property and therefore adverse risks, latent conditions or qualities observable by physical inspection will not be identified.

• 2.6 Unless expressly permitted by TrueMarket or to the extent permitted by law, you must not distribute, resell, disclose, market, publish, rent, lease, assign, sub licence or otherwise transfer a Report to any third party.

• 2.7 To the fullest extent permitted by law, TrueMarket excludes all liability or responsibility for any loss, damage or claim of whatsoever nature or kind (including indirect, special or consequential loss or damage, whether or not such claim results from or involves negligence) suffered or incurred by any person, corporation or other legal entity which arises out of or is connected with the contents of any Report. If the exclusion of such liability would contravene any law or cause any part of this exclusion to be void, TrueMarket limits their liability to re-supplying information.

• 2.8 TrueMarket reserves the right to refuse to generate a Report in respect of any Property in its sole discretion.

• 2.9 You acknowledge and agree that:

  1. the purpose of a Report is set out in the Report and includes the provision of general information regarding the Property which is the subject of the Report;

  2. the Report is for the exclusive use of the client;

  3. TrueMarket does not provide through the Report, any investment, legal, financial or taxation advice as to the suitability of the Property for any purpose. You must exercise independent judgement in accessing and using the Report and the Report should not be relied upon in lieu of appropriate professional advice. When deciding to sell or purchase the Property, interested parties must make and rely on their own enquiries and professional advice in relation to, and in evaluation of, anything contained in a Report;

  4. You indemnify TrueMarket in relation to any action brought against TrueMarket by any party that in any way concerns the services provided by TrueMarket to You and/or the subject matter of a Report; and

  5. a Report may be based on or contain data provided by the State of Queensland (including the Department of Natural Resources, Mines and energy), Local Government Areas of Queensland and other relevant third parties (collectively referred to as Third Party Data Providers). In consideration of Third Party Data Providers permitting use of this data You acknowledge and agree that the Third Party Data Providers give no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accept no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of privacy laws.

• 3. USER CONTENT

• 3.1 Where you contribute content to the Site you agree and warrant that:

  1. any and all information supplied by you is true, accurate, current and complete and either own or have right to supply the information supplied (including any photographic material);

  2. you will not harvest or collect email addresses or other contact information of other users of the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  3. you will not use automated scripts to collect information from or otherwise interact with the Site;

  4. you will not upload, post, transmit, share, store or otherwise make available any content that TrueMarket deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  5. you will not upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature;

  6. you will not take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the Site infrastructure of TrueMarket;

  7. you will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  8. you will not upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, photos, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

  9. you will not upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses and credit card numbers;

  10. you will not solicit personal information from anyone under eighteen (18) or solicit passwords or personally identifying information for commercial or unlawful purposes;

  11. you will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  12. you will not intimidate or harass another;

  13. you will not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  14. you will not use or attempt to use another’s account, service or system without authorisation from TrueMarket, or create a false identity on the Site;

  15. you will not upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of TrueMarket, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TrueMarket or its users to any harm or liability of any type.

• 3.2are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (post) on or through the Site, or transmit to or share with other users (collectively the User Content).

• 3.3 You may not post, transmit, or share User Content on the Site that you did not create, you do not own or that you do not have permission to post;

• 3.4 You understand and agree that TrueMarket may, but is not obligated to, review the Site and may delete or remove the Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of TrueMarket violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others;

• 3.5 You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to TrueMarket.

• 3.6 When you post User Content to the Site you:

  1. authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site;

  2. you automatically grant, and you represent and warrant that you have the right to grant, to TrueMarket an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or its promotion, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing; and

  3. may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that TrueMarket may retain archived copies of your User Content.

• 3.7 TrueMarket does not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

• 3.8 You acknowledge and agree that all User Content comes from either yourself or other users of the Site. The comments, opinions, and statements posted by users reflect the views of the user who makes the post and do not necessarily reflect the views of TrueMarket. TrueMarket assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content and User Content available via the Site. You must evaluate, and bear all risks associated with the use of any Content and User Content including any reliance on the accuracy, completeness, or usefulness of posted User Content.

• 3.9 You agree to abide any User Content Policy that may be implemented by TrueMarket from time to time. Any User Content Policy will be located for access by you on the Site.

• 4. THIRD PARTY SUPPLIERS

• 4.1 Where TrueMarket offers you the ability to search for, select and utilise the services of third party suppliers within the Site you agree that:

  1. all information you supply is true and accurate;

  2. you will use the Site only for legitimate reasons for you or others for whom you are legally authorised to act; and

  3. any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her access to this Site terminated.

• 4.2 Where the services of third party suppliers are utilised, You acknowledge that you have read, understand and agree to any additional terms, conditions and limitations imposed by third party suppliers.

• 4.3 TrueMarket is not a valuer and does not provide valuation services referred to on the Site.

• 4.4 TrueMarket displays information about businesses owned by third-party suppliers. The display of such information does not in any way imply, suggest, or constitute TrueMarket sponsorship or approval of third-party suppliers, or any affiliation between TrueMarket and third-party suppliers.

• 4.5 Although you may be able to rate and review a particular business based on your own experiences, TrueMarket does not endorse or recommend the products or services of any third-party suppliers.

• 4.6 TrueMarket is not responsible in any way for the accuracy or completeness of information of third-party suppliers on the Site and any information of third party suppliers displayed on the Site or the sites and other medium of such third parties.

• 4.7 TrueMarket is not responsible or liable for any dispute or conflict involving an actual or potential transaction between you and any third party supplier, including the accuracy of the listing content, the quality, condition, safety or legality of product or content of such third party supplier.

• 5. INTELLECTUAL PROPERTY RIGHTS

• 5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights to you.

• 5.2 You acknowledge and agree that TrueMarket owns or has a licence to use all intellectual property rights pertaining to the Site and the Content. This extends to the look and feel of the Site including all page headers, custom graphics, icons and scripts, trademarks and other Content;

• 5.3as permitted by the Copyright Act 1968 (Cth), no part of the Site may be modified or reproduced by any process without the specific written permission of TrueMarket.

• 5.4 TrueMarket is not responsible for any User Content or the content on websites operated by parties other than TrueMarket.

• 5.5 If you have any complaints or objections to material or content posted on this Site or if you believe that material or content posted on this Site infringes a copyright that you hold, you should contact TrueMarket immediately.

• 5.6 TrueMarket will investigate any complaints or objections referred to in this clause and will, where appropriate, use all reasonable endeavours to remove any inappropriate or illegal content from the Site within a reasonable time after investigation.

• 6. WARRANTIES & INDEMNITIES

• 6.1 You represent and warrant to TrueMarket that you have the legal capacity and authority to enter into these Terms.

• 6.2 You agree to indemnify TrueMarket against all actions, claims, suits, liabilities, costs, expenses or demands arising out of or connected with:

  1. any breach of the Terms by you;

  2. the User Content;

  3. use of the Site by persons other than you using your issued user-id or password; or

  4. your use of the Site which is negligent or infringes the rights of any third party.

• 7. DISCLAIMER

• 7.1 You acknowledge that:

  1. The terms of any disclaimer provided with any information on the site or attached to any Report will be binding on you.

  2. TrueMarket gives no warranties as to and does not vet, authorise or endorse the accuracy, currency, suitability, completeness or relevance of any information contained or provided through the Site including the Content and User Content (Information);

  3. TrueMarket takes no responsibility for the currency, accuracy, completeness or relevance of the Information or for programming bugs or computer viruses, faults or errors in the Site or the Information;

  4. you will not rely solely on the Information in determining whether to use the Site and you will make your own enquiries as to the suitability of the Information;

  5. TrueMarket may, without notice to you, and at any time, modify or discontinue your access to the Site;

  6. TrueMarket does not warrant or represent that:

     1. any Content, User Content message posted, uploaded or otherwise transmitted to or from the Site has not been altered in transmission;

     2. any message posted, uploaded or otherwise transmitted to or from the Site will be received by the intended recipient; or

     3. any information downloaded or otherwise transmitted to you from the Site is free from viruses, faults or errors.

• 8. LIABILITY

• 8.1 As a user of the Site, you understand and agree that:

  1. TrueMarket will not have any liability to you or others for any unauthorised transactions made using your password or account; and

  2. the unauthorised use of your password or account could cause you to incur liability to both TrueMarket and other users.

• 8.2 To the full extent permitted by law TrueMarket excludes:

  1. all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

  2. all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

• 8.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, TrueMarket limits its liability in respect of any claim to, at its option:

  1. in the case of goods:

     1. the replacement of the goods or the supply of equivalent goods;

     2. the repair of the goods;

     3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

     4. the payment of having the goods repaired, and

  2. in the case of services:

     1. the supply of the services again; or

     2. the payment of the cost of having the services supplied again.

• 9. LISTINGS

• 9.1 If you wish to list your business on the Site, you must abide TrueMarket Business Listing Policy as amended from time to time. Any Business Listing Policy will be located for access by you on the Site.

10. TERMINATION

• 10.1 These Terms terminate automatically if, for any reason, TrueMarket ceases to operate the Site.

• 10.2 TrueMarket may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

• 11. GENERAL

• 11.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

• 11.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

• 11.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.

• 11.4 These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

• 11.5 Any additional terms and conditions that appear on the Site will govern your use of, and access to, certain sections of the Site where they appear (Additional Terms). Since these Additional Terms form part of the Terms you are bound by them and should review them wherever they are relevant to you when using the Site.