Terms and Conditions
These terms and conditions ("Terms and Conditions") apply to
your use of the website located at https://www.luxurylist.com.au
By accessing the Website, posting or uploading
anything on the Website, submitting anything for display on
the Website, or making use of any information or other content
available on the Website, you agree to these Terms and Conditions
and enter into a legally binding agreement with
W Media Holdings Pty Ltd ACN 601 487 414 as trustee for the
W Media Holdings Unit Trust ("we", "us" or "our") on the terms
set out in these Terms and Conditions.
The information and materials
contained in the Website are general and may not apply to your
circumstances. This information must not be used as a substitute
for professional legal, financial or real estate advice. You
should make your own independent inquiries and assessments with
respect to any information or materials you obtain from the
Website, and obtain independent professional advice.
The provision of information and materials through the Website
does not constitute a recommendation or endorsement by us with
respect to any real estate agent or agency, business, service,
property or other item for sale listed or advertised on the Website.
You acknowledge that we are an information provider and not a real estate agency.
1. Prohibited Use
You must not:
- use or access the Website, or any content or material available on it, in any unlawful way or for any illegal purpose;
- sell or commercialise any information obtained from any part of the Website;
- use any information or materials on the Website for anything other than your own personal or internal business purposes, or sell or license any such information or materials;
- knowingly transmit any virus, worm, trojan or other disabling feature or malicious code to or via the Website;
- data mine, "scrape", or conduct automated searches of the Website or any content or material available on the Website, or use any aggregating software in connection with the Website, or otherwise compile any document or database incorporating or based on material or information contained on or gained through the Website;
- modify, reverse engineer, disassemble or decompile any part of the Website, or any software used on the Website;
- use the Website, or any contact information obtained from the Website, to send any unsolicited commercial or bulk electronic messages;
- use any activity to interfere or attempt to interfere with any of our operations;
- use any content on, or index the Website, for the purposes of constructing or populating a searchable database of properties or competing with us in any way;
- use the Website or the Services in a manner which might harm our reputation or goodwill;
- advertise any property for sale or rent that is not currently available;
- use the Website to impersonate another person or allow another person to impersonate you; or
- without our written permission, represent that the Website or the Services or other business conducted through the Website is associated or affiliated with any other website or business.
2. Reliance upon and use of information
- We do not assume any duty of care in relation to the Website, or any information or material on or accessible from it.
- None of the information provided on the Website, or in respect of any Services, is in the nature of advice.
- We do not make any representations or warranties with respect to the Website, including, without limitation:
- that any information provided is complete, accurate, verified, audited, adequate, reliable, up-to-date, or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and material;
- that access to the Website will be uninterrupted or timely; or
- that you may use any materials or information on the Website without infringing any third party intellectual property rights.
- We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website.
- Your use of any materials or information provided on the Website, is entirely at your own risk.
- You are encouraged to tell us about any objectionable, inaccurate or misleading information on the Website.
3. Intellectual Property in Website and Content
- Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) may be owned or licensed by us or our licensors (including third party content providers). Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these Terms and Conditions, you must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website.
- The trade mark "Luxury List" is our property.
- You must not use any of our trade marks without our written permission.
- Without limitation, you agree that you will not use any of our trade marks:
- in or as the whole or part of your own branding, logos, trade marks or domain names;
- on your website or in any marketing or promotional materials; or
- in connection with any activities, products or services that are not ours.
- Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including owners of Linked Websites. You must not use any content or material available as a result of your access to the Website in any way that infringes any third party intellectual property rights.
- You must not under any circumstances modify or copy the layout of the Website or any computer software or code contained in the Website.
- If you believe that your work has been used on the Website in a way that constitutes copyright infringement, please contact us immediately.
4. Content submitted to us
- You acknowledge and agree that, by providing us with the Material, you:
- grant us a non-exclusive, world-wide, perpetual, transferable, irrevocable and royalty-free licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display any of the Material throughout the world in any medium, whether currently in existence or not (including on the Website, on affiliated websites, websites of Associated Entities and websites under the WilliamsMedia brand) for the promotional, marketing and other business purposes of us and the Associated Entities, which licence includes the right to grant sub-licences;
- warrant that you have the lawful right, including all necessary licences, rights, consents and permissions, to use and authorise us to use all trade mark, copyright or other proprietary rights in and to any and all such Material to enable publication, display and use of such Material on the Website and in the manner contemplated by us in these Terms and Conditions and/or a Quote;
- warrant that we can use such Material as contemplated by these Terms and Conditions without infringing the intellectual property rights or other proprietary or privacy rights of any third party;
- warrant that our publication and use of such Material as contemplated by these Terms and Conditions does not breach or infringe any law; and
- acknowledge that third parties will be accessing and using the Material and that we cannot and will not be responsible for the actions of any third parties in relation to the Material.
- Without limiting the generality of the foregoing, you understand and agree that (unless you and we agree otherwise) we may, or may permit third parties to, compile, re-edit, adapt or modify your Material, or create derivative works therefrom, either on a stand-alone basis or in combination with other video, written, audio, photographic or other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period (including on any third party sites such as Facebook and other social media platforms).
- In furtherance of the foregoing and without limitation, you agree that you will not submit Material that:
- is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the Material and to grant us all of the rights required under this clause 4;
- contains falsehoods, misrepresentations or that is or may be misleading or deceptive that could damage us or any third party; or
- is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, abusive, vulgar, discriminatory, sexist, hateful or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
- facilitates or encourages the breach of any Law or which promotes illegal products, services or activities; or
- which would breach any Law, regulation or code of practice (whether or not legally or contractually binding on us) including:
- the Competition and Consumer Act 2010 (Cth);
- State or Commonwealth anti-discrimination legislation;
- the Privacy Act 1988 (Cth); or
- the Australian Association of National Advertisers Code of Ethics and all other codes and initiatives administered by the Australian Advertising Standards Bureau.
- We reserve the right to remove, block or not publish submitted Material without prior notice.
- We do not guarantee the preservation of any Material and may delete Material at our sole discretion and without notice.
5. Term of the Quote
- Display of Advertising will commence on the start date specified in the Quote and will continue for the period specified in the Quote, unless terminated earlier in accordance with paragraph (b).
- Either you or us may terminate the Quote in writing if the other party breaches a material term of these Terms and Conditions and fails to rectify that breach within 14 days of a written request from the other party. For the avoidance of doubt, failure to pay any money due and payable constitutes a breach of a material term of the Quote.
- Upon expiry of the initial term specified in the Quote, this Quote will automatically revert to a month by month agreement (and otherwise on the same terms) until terminated by either party by giving 30 days’ written notice.
- Subject to these Terms and Conditions, we will use reasonable endeavours to publish the Advertising in the format and in the position agreed with you. However, we reserve the right at all times (acting reasonably) to vary the placement of Advertising on the Website or to change the format of Advertising.
- Neither these Terms and Conditions or any Quote on their own represents an agreement to publish Advertising. An agreement in respect of specific Advertising will only be formed between us and you when we accept the Advertising in writing or generate a tax invoice for that Advertising.
- Advertising submitted electronically must comply with our specifications, as disclosed to you from time to time.
- For online banner and display Advertising, you must submit creative materials at least 5 business days before the date on which the Advertising is to be published on the Website.
- To the extent that the Quote accepted by you is for an 'Individual Feature Listing', we agree to upgrade your nominated property listing so that it appears as approximately twice the size of our standard free property listings and contains enhanced agency colours the logos for the duration of the listing.
- To the extent that the Quote accepted by you is for a 'Feature All Listing', we agree to automatically upload all new listings to the Site as Individual Feature Listings in accordance with paragraph (e) for the duration of the term specified in the Quote.
- To the extent that the Quote accepted by you relates to “mypropertyaddress”, we will facilitate creation of an individual website for the nominated property through the website www.mypropertyaddress.com.au. By agreeing to purchase this Service, you warrant that you have reviewed, understood and accepted the terms and conditions applicable to www.mypropertyaddress.com.au and you acknowledge that we are not the owner of, and do not have direct control of or responsibility for this website.
- Where we provide you with a Quote for 'Banner Advertising', we agree to place a banner ad on the Website advertising your business, which will link directly through to the URL nominated by you.
- We reserve the right to suspend delivery of the Services in the event that you fail to make any payment owing to us on the due date for payment.
- The purchase price for the Services is the price set out in the Quote ("Purchase Price") and is payable in the manner set out in the Quote.
- Where you have elected to pay the Purchase Price using credit card by providing your credit card details on the Quote, over the phone, through the Website or by other means, you authorise us to charge your credit card for the full amount owing for the Services.
- Unless otherwise expressly stated in the Quote, the Purchase Price is specified on a GST-exclusive basis and, if GST is payable in respect of our supply of the Services, you must also pay us to us an amount equal to the GST payable on the supply of the Services at the same time as paying the Purchase Price.
- If you fail to pay the Purchase Price in full in accordance with the Quote, you must pay to us on demand any costs, expenses or losses which have been, or are likely to be, incurred by us as a result of that failure including costs associated with the collection of any outstanding amounts and agree that we may (without prejudice to any other rights or remedies that we may have) charge interest on the overdue amount at a rate equal to the rate specified by the Attorney-General of Victoria under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus 2%.
8. Linked Websites
- The Website may contain links to third party websites (Linked Websites). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
- We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
- We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or your ability to use any content or material posted on Linked Websites without infringing third party rights.
- Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites.
9. Content Contributors
- We are not responsible for and do not necessarily hold the opinions expressed by our content contributors. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone and not ours. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
- You acknowledge that by providing you with the ability to view, distribute or publish content through the Website, we are not undertaking any obligation or liability relating to the content.
- We do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content.
- We and our Associated Entities, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
10. Violation of these Terms and Conditions
- You agree to indemnify and hold harmless us and our Associated Entities, and our and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder.
- We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
11. Information Disclosure on Court Order
You agree that in the event we receive a subpoena issued by a
court or from a law enforcement or government agency, we shall
comply with such subpoenas without your consent or prior notice
to you and may disclose your IP address, username, name, IP
location or other information in response thereto.
We may vary these Terms and Conditions at any time without
providing you with notice. Changes will be effective immediately
upon publication on the Website.
14. Security of information
- While we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that the Website or any communications you receive through the Website is free from viruses, worms, trojans or other harmful code.
- Any information which you transmit to us or via the Website is transmitted at your own risk.
- To the extent that you acquire Services from us as a consumer within the meaning of the ACL, you may have certain rights and remedies (including consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
- Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any condition, warranty or provision implied by law, the exercise of any right or remedy, or the imposition of any liability under the ACL or any other statute where to do so would:
- contravene that statute; or
- cause any of these Terms and Conditions to be void,
- Subject to paragraph (b), we do not accept responsibility for any direct or indirect losses, damages, costs and expenses or Consequential Loss, whether arising in contract, tort (including through negligence) or otherwise, which you may directly or indirectly suffer in connection with:
- your use of the Website;
- any Linked Websites;
- your use or reliance on information or materials contained on or accessed through the Website; or
- any of our Services.
- Subject to paragraph (b), any condition or warranty which could otherwise be implied in connection with our Services, or the Website, is excluded.
- Subject to paragraph (b), where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, or indirect losses, damages, costs and expenses or Consequential Loss, whether arising in contract, tort (including through or negligence) or otherwise which you may directly or indirectly suffer in connection with the Services is limited to (at our election) one or more of the following:
- replacement of the relevant Services, or the supply of equivalent Services; or
- the payment of the cost of replacing the relevant Services, or of acquiring equivalent Services.
16. No interference
- You must not, and you must not permit any other person to violate or attempt to violate any aspect of the security of the Website, including by:
- causing damage or unintended effect to any portion of the Website, or any software used on the Website;
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; and
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution.
17. Termination, Suspension or Discontinuance
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) for any reason with or without notice.
- Subject to clause 15b and any agreement with you providing otherwise, you agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of the Website.
- In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our business or that of our Associated Entities and of Website users as a whole.
- The heading of each section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation of these Terms and Conditions.
- If any of these Terms and Conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
- If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
- In the event of any inconsistency between these Terms and Conditions and the Quote, the Quote will prevail to the extent of such inconsistency.
19. Governing Law
These Terms and Conditions and your use of the Website are
governed by the laws in force in Victoria, Australia. By using
the Website, you agree to submit to the non-exclusive
jurisdiction of the courts of Victoria, Australia.
ACL means the Australian Consumer Law as contained in Schedule 2
to the Competition and Consumer Act 2010 (Cth), as it may be
amended or replaced from time to time.
Advertising means advertising in the form submitted to us by
you for the purposes of display on the Website or a third party's
site, and includes (without limitation) text, images, video files,
audio, data and content and any combination of them.
Associate has the meaning given in the Corporations Act 2001 (Cth).
Associated Entities means:
- W Media Holdings Pty Ltd ACN 601 487 414 (Williams Media), W Media No. 1 Pty Ltd ACN 601 487 512, W Media No. 2 Pty Ltd ACN 602 184 412, W Media No. 3 Pty Ltd 614 926 573, W Media No. 5 Pty Ltd ACN 619 134 977, W Media No. 6 Pty Ltd ACN 619 218 325, W Media Japan Pty Ltd ACN 602 184 485, Recon Oz Pty Ltd ACN 601 487 585, Million Plus Pty Ltd ACN 122 282 599, Noonbenz Pty Ltd ACN 068 801 525, Dog No. 7 Pty Ltd ACN 144 646 159 and their Related Bodies Corporate and Associates; and
- the Related Bodies Corporate and Associates of any of the entities referred to in paragraph (a).
Consequential Loss includes, without limitation:
- loss of profits;
- loss of revenue;
- loss of data;
- loss of use of data
- loss of anticipated savings
- lost production;
- loss of business;
- loss of the benefit of any contract or other agreement or arrangement;
- losses which do not arise naturally from a breach of contract in the usual course;
- death or personal injury;
- damage to health;
- damage to reputation; and
- legal costs.
Laws means any statute, regulation, by-law, ordinance or subordinate
legislation in force from time to time in any relevant jurisdiction,
and includes the common law and equity as applicable from time to
time and any applicable industry codes of conduct.
Linked Websites has the meaning given to that term in clause 8
of these Terms and Conditions.
Material means information, including data, text, video, still
images, audio and/or other material you submit to us, including
Quote means a quote for services provided by us to you.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Services means the services offered by us through the Website, including advertising properties for sale and/or rent and the services set out in a Quote.
We, us and our are references to W Media Holdings Pty Ltd ACN 601 487 414 trading as Luxury List, and any Associated Entities of that company, and each of them severally.
Website has the meaning given to it in the introductory section of these Terms and Conditions.
You and your are references to either a user of the Website, or a user or prospective user of our Services, as applicable in the relevant circumstances.
Please contact us on 1300 377 037 if you are not satisfied with, or have any queries about, these Terms and Conditions.
Last updated: September 2018