Modern Real Estate Pty Ltd ABN 39 103 174 036

Welcome to our website.  This website is owned and operated by Modern Real Estate Pty Ltd ABN 39 103 174 036 (Moreton Realty) its successors and assignees (we, our or us).  It is available at: www.moretonrealty.com.au (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern you, the person, organisation or entity that accesses and/or uses our Site and the services offered on the Site (Services) (referred to as user, you or your) (and form a contract between you and us if you access our Site.  Please read these Terms carefully.  If you have any questions, please contact us using the contact details below.  Your use of the Site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using this Site and Services if you do not accept these Terms.

  1. Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice.  Any reliance you place on the Information is at your own risk.  Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
  1. Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments.  You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
  1. Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
  1. Licence to use the Site
    • Subject to these Terms, we grant the user a personal, non-exclusive, non-transferable, non-sublicensable limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the user as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without our prior written consent.
    • The right to use the Site and Services is licensed to the user and not being sold to the user. A user has no rights in the Site and Services other than to use it in accordance with these Terms.
    • This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.‎‎
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  2. User Content
  • Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any intellectual property on or through the Site and Services, the user grants to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the user content and intellectual property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and intellectual property on, through, or by means of the Site and Services.
  • The user agrees that it is solely responsible for all User Content and intellectual property that it makes available through the Site and Services. The user represents and warrants that:
  • it is either the sole and exclusive owner of all User Content and intellectual property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to us the rights in such user Content or intellectual property, as contemplated under these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • We may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  1. Prohibited conduct: You must not:
  • Use the Site for any activities, or post or transmit any material from the Site:
    • unless you hold all necessary rights, licences and consents to do so;
    • that infringes the intellectual property or other rights of any person;
    • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
    • that defames, harasses, threatens, menaces, offends or restricts any person;
    • that is or could reasonably be considered to be a nuisance, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
    • that would bring us, or the Site, into disrepute;
  • Interfere with or inhibit any user from using the Site;
  • Use the Site to send unsolicited email messages;
  • Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
  • Facilitate or assist a third party to do any of the above acts.

If you do any of the above, we may suspend or block your access to the Site and the Services.

  1. Copyright and intellectual property rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own, or hold a licence to, the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we, or our licensors, own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights.  Your use of the Site does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.

You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

  • altering or modifying any of the code or download or use without our express written consent the material on the Site;
  • causing any of the material on the Site to be framed or embedded in another website;
  • creating derivative works from the content of the Site; or
  • using the Site for commercial purposes.
  1. Privacy: We are committed to protecting your privacy. Please read our Privacy Policy which is available on the Site. By agreeing to these Terms, you agree to accept our Privacy Policy.  
  1. Third party information: The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.  You should make your own investigations with respect to the suitability of Third Party Information for you.
  1. Third party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.  You should make your own investigations with respect to the suitability of Third Party Sites for you.
  1. Commission: Notwithstanding clauses 9 and 10, we may receive commissions for any or all products promoted on this Site.
  1. Referral Services: Notwithstanding clauses 9 and 10, we may provide referral services and may receive commissions or payments for these referral services.
  1. Reservation of rights: We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
  1. Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions.  We cannot warrant that the Site will be available at all times or at any given time.  We may at any time and without notice to you, discontinue the Site in whole or in part.  We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
  1. Limitation of liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
  1. Consumer Guarantees
  • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
  • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for services provided to users who are defined as consumers is governed solely by the ACL and these Terms.
  • We exclude all conditions and warranties implied by custom, law or statute except for the user’s Statutory Rights. Except for the user’s Statutory Rights, all material and work is provided to the user without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  1. Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

  • the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
  • Third Party Information; or
  • Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

Further:

  • We do not guarantee that that a seller will sell its listed property via the Site or that buyer will find a suitable property on the Site to buy;
  • We do not endorse any seller or buyer. We require sellers and buyers to confirm that they have provided accurate information;
  • We will not be liable for any content that is, or could be, defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; and
  • We take no responsibility for, and will not be liable for, the Site, the Services, the sellers, the buyers, and products and properties being unavailable, of a particular standard of workmanship, failing to meet the listed property description, failing to meet the user’s needs, or being of less than merchantable quality.
  1. Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
  • your use of or access to the Site;
  • any breach by you of these Terms; or
  • any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site.  These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

  1. Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.  If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal.  If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you.  If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.  All rights not expressly granted in these Terms are reserved.
  1. Exclusion of competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.  We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
  1. Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
  1. Further assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
  1. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
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  2. Force Majeure: We will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.
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  3. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state that it is a waiver and We communicate it to the user in writing.
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  4. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by us without restriction.
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  5. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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  6. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between us and each user, and supersede any prior agreement, understanding or arrangement between us and each user, whether oral or in writing.
  1. Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
  1. Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Queensland and the Commonwealth of Australia. These Terms are governed by the laws of Queensland and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Queensland.  The Site may be accessed throughout Australia and overseas.  We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.

 

For questions and notices, please contact us at:

Modern Real Estate Pty Ltd ABN 39 103 174 036

Address: PO Box 391, Morayfield Qld. 4506

Phone: 1300 368 005

Email: mail@moretonrealty.com.au

Last update: 29 November, 2021