Our Terms & Conditions

These Terms & Conditions of use, along with our Privacy Policy and other notices on jewishliving.com.au, form the basis on which you may access and use this Website. We reserve the right to change any or all of our terms & conditions for using our Website at any time by publishing the new terms or conditions on our Website.

Your use of our Website constitutes your acceptance of those terms & conditions. Should you object to any of these or other notices on our Website your sole option is to immediately cease your use of this Website.

Information on our Website and in any jewishliving.com.au publication should not be regarded as a substitute for professional legal, financial or real estate advice.

These Terms & Conditions of use were last updated on 1st December 2011.

Definitions and Interpretations

In these Terms & Conditions:

Account - is the account you open when registering on our Website to list properties and/or a flatmate profile.

Agreement - means these terms of use, the Jewish Living Privacy Policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time.

Conditions - means these Terms & Conditions, together with the Jewish Living Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Website or related sites.

Jewish Living - means all of the Websites that we own and/or operate from time to time, regardless of how those Websites are accessed by users (including via the Internet, mobile phone or any other device).

Material and Contributions - means text, illustrations, photos, audio, video and any combination of these or other material.

Membership - means you must be successfully registered on our Website to become a member of Jewish Living and/or a particular website that forms part of Jewish Living.

"Us", "we" or "our" - means Jewish Living (ABN 86 087 927 925) and/or its related bodies corporate.

Website - means jewishliving.com.au and/or any other Website controlled and/or owned by Jewish Living.

Jewish Living

Jewish Living (ABN 86 087 927 925), responsible for maintaining our Website and all jewishliving.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Website by or on behalf of Jewish Living, and any Third Party Content on our Website) and its related 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 Website or publications.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on our Website at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on our Website at any time without providing notice to you.

Restrictions on use of our Website

In accessing or using our Website you agree that you will not:

1. use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
2. use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;
3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
4. use any content on, or index our Websites for purposes of constructing or populating a searchable database of properties or competing with us in any manner;
5. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
6. use our Websites or any content from our Websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
7. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
8. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
9. act in violation of any Term of Use or other condition posed by us or any applicable law;
10. reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Websites or any content on our Websites, except as expressly authorised by us; or
11. 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 Websites, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, Jewish Living grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of Jewish Living copyright material beyond such use, written permission must be obtained directly from Jewish Living 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.

Membership

To access or use certain parts of the Website, you must register as a member of Jewish Living and/or a particular website that forms part of Jewish Living. Generally, registration, other than for real estate agencies, is free of charge.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than yourself.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your Membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your Membership details. You must notify us immediately if you become aware of any unauthorised use of your Membership details. You must not permit your Membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your Membership or access to all or any part of the Website, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your Conduct and Warranties

You represent and warrant that:

1. the information you supply on registration is accurate in all respects;
2. if any of that information changes you will promptly notify Jewish Living by updating you Membership details on the Website;
3. your use of the Website will comply at all times with this Agreement and any directions published from time to time by Jewish Living on the Website;
4. you will make sure that you keep your username and password by which you access the Website confidential and secure at all times;
5. you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to Jewish Living;
6. you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise Jewish Living to display your Contributions; and
7. you will not make any Contributions that:
   • 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;
   • are misleading or deceptive;
   • are materially incorrect;
   • are likely to cause offence;
   • directly or indirectly involve the advertising or marketing of any products or services;
   • are obscene, including pornographic, hateful, racially or ethnically offensive material;
   • are defamatory;
   • includes an image or personal information of another person or persons unless you have their consent;
   • poses or creates a privacy or security risk to any person;
   • contains restricted or password only access pages, or hidden content;
   • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
   • are otherwise unlawful or encourage unlawful conduct; or
   • are otherwise inappropriate having regard to the purpose of the Website.

Material and Contributions

Jewish Living may permit you to make Contributions to its Websites.

You retain sole responsibility and accept all liability for all Contributions you make to any Jewish Living Website. Jewish Living disclaims any and all liability in connection with Contributions and assumes no responsibility for monitoring any Contributions. Jewish Living does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. Jewish Living is under no obligation to treat your Contributions as confidential information.

Jewish Living 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 limiting the previous sentence, we may remove or disable access to any or all your Contributions if it considers that:

1. those Contributions are in breach of any law or regulation;
2. those Contributions infringe the intellectual property rights of any third party;
3. it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
4. those Contributions are:
   • misleading or deceptive;
   • inappropriate having regard to the purpose of the Website;
   • likely to cause offence;
   • materially incorrect;
   • obscene;
   • defamatory;
   • otherwise unlawful; or
   • corrupted, due to the presence of a virus or other disabling code.

By uploading, transmitting, posting or otherwise making available any Material via Jewish Living, you:

1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
2. except where expressly stated otherwise, also grant each user of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
3. warrant that you have the right to grant the above mentioned licences;
4. warrant that the Material does not breach the Conditions; and
5. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Website by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Website simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Pricing, GST and Refunds

Registration on the Website is free of any charge for private customers.

Third parties will be charged on a case by case basis for the services and/or products offered to them.

Real estate agencies are charged a one-time membership fee as well as a monthly subscription fee as stated on the registration form prior to becoming a member on the Website.

Jewish Living reserves the right to change the fees at any time, by publishing them on the agency registration form on our Website.

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Website are stated exclusive of GST. Where GST applies to any supply made to you, we will add the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.

Refunds for payments made to Jewish Living for any of the services and/or products offered are generally not available.

Advertising, third party websites and other activities

We may feature or display links and pointers to websites operated by third parties on our Website. Such websites do not form part of Jewish Living and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave Jewish Living entirely at your own risk.

You must not link to our Website from any other website (or otherwise authorise any other person to link from a third party website to Jewish Living) without our prior written consent.

Jewish Living may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on our Website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, fund raisers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

Disclaimer

You use the Website at your sole risk.

Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users' use of, access to or conduct in connection with the Website in any circumstance.

Limitation of Liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (former Trade Practices Act 1974) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Jewish Living, exclude all Conditions and warranties that may be implied by law. 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 services; or the replacement or repair of goods or payment of the cost of replacement or repair.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Website that is not expressly set out in the Conditions.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via Jewish Living, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Website.

Indemnity

You agree to fully indemnify and hold Jewish Living, Jewish Living's subsidiaries and affiliates (and the directors, officers, agents, partners and employees) against any and all costs, loss, liability, claim or demand (including reasonable attorneys' fees arising out of, or in connection with your use and access to the Website or Contributions not in accordance with these terms).

Notifying Us

If you think that the Website has been accessed or used by another user in breach of the Conditions, please email us at admin@jewishliving.com.au. We will consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to admin@jewishliving.com.au.

Waivers

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Age Affirmation

By using the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to Jewish Living.

The Website contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Website for your own personal, non-commercial use only. Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.

Google Maps

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following URL: http://www.google.com/intl/en_us/help/terms_maps.html