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VARIATION TO TERMS
Landconnect Global Pty Ltd (“Landconnect”, “us”, “we” or “our”) operates an online web
site portal for new home builders and developers of land to share information and
connect via the Landspot.com.au web site portal (“Site”).
By using Landspot.com.au (“Landspot”), the terms outlined in this document
you (the “User” or “you”) enter into with Landconnect. This includes, but is not
limited to, browsing the Site, advertising on the Site or sharing information
resulting from using the Site.
By accessing, using and/or downloading content from the Site means you
acknowledge and agree that you are bound by these Terms.
In order to be able to access the information offered on the Site, you must hold
an account. To hold an account, you must complete your registration details in
the manner described on the Site.
We reserve the right to terminate your account at any time if you breach these
terms and conditions.
You agree to ensure that your registration details are true and accurate at all
times. Specifically, you must identify honestly whether you are a, or an agent
of a, developer or a builder, and you must notify us of any change to the registration
details as originally supplied.
Upon registration, you will be provided with a password and account designation.
You agree to pay for our services in the manner and on these and any additional
terms specified on the Site.
Landconnect reserves the right to review and change any of these Terms at its sole discretion.
When Landconnect changes the Terms it will use reasonable endeavours to provide you with notice
via email, an RSS feed and/or by posting a change notice on the Site for a reasonable period
of time. Any changes to the Terms take immediate effect from the date of their publication.
You are responsible for reviewing any changes to the Terms.
If you find any changes to the Terms unacceptable, you may close your account in accordance
with Landconnect’s standard procedure (which can be found on www.landspot.com.au/close-account).
By continuing to access, use, or download in any way any product or service from Landspot
following notice of changes to the Terms, you acknowledge and agree to be bound by the Terms
- You are responsible for your own conduct and actions on the Site.
Please read this Agreement carefully. If you do not agree with the
Terms, you must immediately cease usage of the Site.
Landspot is an information sharing platform. All information provided by us
pursuant to these terms and conditions is provided in good faith. You accept
that any information provided by us is general information and is not in the
nature of advice.
We derive our information from sources which we believe to be accurate and up to
date as at the date of publication. We nevertheless reserve the right to update
this information at any time. In addition, we do not make any representations or
warranties that the information we provide is reliable, accurate or complete or that
your access to that information will be uninterrupted, timely or secure.
We are not liable for any loss resulting from any action taken or reliance made
by you on any information or material posted by us. You should make your own inquiries
and seek independent advice before acting or relying on any information or material
which is made available to you pursuant to our information service.
PASSWORD AND INFORMATION SECURITY
You confirm and acknowledge that:
you reside in, and are accessing the Site in Australia;
you are aged 18 years or older;
you are capable of entering into legally binding contracts under the
laws of the Commonwealth of Australia and that you meet all other eligibility
requirements contained in these Terms;
You are, or you are an employee and/or an agent of a business which is:
the holder of a registered Australian business number (ABN); and
either a registered builder or a land developer in the Australian residential property industry.
You confirm and warrant you meet the user eligibility requirements described in clause 4.1, the information you provide to Landconnect is accurate and truthful and you are duly and validly authorised on behalf of the entity you purport to bind to enter into this Agreement, to hold a user account and use Landspot.
You agree to comply with any relevant local laws (including licensing, competition and consumer laws) regarding both your online conduct and content and the operation of your business within your local jurisdiction.
You agree to maintain a valid profile with information that is up to date and correct.
You agree to hold only one user account at a time. If you have a related or affiliated business which also has a user account, you must ensure no-one from that related or affiliated business uses your account, and you must not share content you access from the Site using your account with anyone from that related or affiliated business.
You agree that any content including but not limited to all data, information, images, items that you, or that we on your behalf, broadcast, publish, upload, transmit, post or distribute on the Site (“Your Content”) will be accurate, correct and up to date.
- You agree that you will maintain accurate records of Your Content.
You must ensure any information obtained from another Account Holder is used for its intended purpose only and not for any purpose that infringes any law, statute or regulation.
Landconnect prohibits the publishing or distribution of unsolicited commercial messages from users of the Site.
Landconnect prohibits the publishing or distribution of any content except in accordance with these Terms and you shall not, and you shall procure that employees and agents acting on your behalf do not, cause the publishing or distribution of any content on Landspot (including without limitation by providing that content to Landconnect for publishing or distribution):
unless you hold all necessary rights, licences and consents to do so;
that is or could reasonably be considered to be defamatory, false, malicious, misleading, disparaging, obscene, inappropriate, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
that is or has the potential to bring into disrepute Landconnect or its Related Entities or Landspot;
that falsely represents or impersonates Landspot or Landconnect on any third party medium;
that infringes the rights of any person or business entity;
that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
that would cause you and/or Landconnect to breach any law, regulation, rule, code or other legal obligation, including without limitation competition and consumer laws;
that contains unsolicited or unauthorised advertising (including junk mail or spam);
that contains computer or software viruses, files, programs or the like that are designed to disrupt, damage, or otherwise interfere with the ordinary functionality of any software, hardware or telecommunications; or obtain unauthorised access to any system, information, security device belonging to Landconnect or any third party.
You agree not to migrate data from the Site without the written consent of Landconnect.
- You agree not to provide information obtained from the Site to third parties, unless required to do so by law.
not take any action that is likely to impose upon the Site or the infrastructure of Landconnect (or its third party service providers) a disproportionately large load;
not interfere with the proper working of the Site or any activities conducted via the Site;
not use automated programs or devices of any kind;
not use any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Site;
not reverse engineer or otherwise seek to obtain any source code forming part of the Site (except to the extent that such restriction may be prohibited by law); and
- abide by all laws (whether local, state, national or international) which apply in connection with your use of the Site, including without limitation competition and consumer laws.
- Landconnect reserves the right to remove or amend any information that it discovers to be untrue, inaccurate, incomplete, not up to date, offensive, or in breach of any law, regulation, rule, code or other legal obligation in Australia.
- You warrant that you are legally permitted to list each item or product and that you have the right to sell the item or product which you cause to have published on Landspot (Product).
- You shall accurately describe the Product.
COMMUNICATIONS ON LANDSPOT
You have sole responsibility for protecting the confidentiality of your password, email address and any other personal information.
Use of your account information including registration details, user name and user password by any other person or third party is strictly prohibited.
Use of your account, password, user name or any other account or registration details by any other person amounts to a breach of these Terms and may result in immediate cancellation of your account and prohibition of your use of the Site.
You agree to notify Landspot of any unauthorised use of your password or email address or any breach of security of which you have become aware.
You shall not impersonate another User either expressly or impliedly.
You shall not use the password or account of another User at any time.
Landspot has been designed to enable:
you acknowledge that these information sharing restrictions (Information Sharing Restrictions) are contingent on each User maintaining an accurate, truthful and up-to-date account.
land developers to more efficiently share information with builders (and not to share information with other land developers) including via sales agents; and
builders to more efficiently share information with land developers (and not share information with other builders); and
Landconnect shall make reasonable efforts to ensure the Information Sharing Restrictions are maintained. Those efforts constitute requiring all Users to agree to these terms and conditions and restricting a User’s access to the Site where it becomes aware of a breach of these terms and conditions by a User in a way that undermines the Information Sharing Restrictions.
You and your Related Entities, employees, agents or affiliates shall not do anything which would undermine these Information Sharing Restrictions.
Without limiting any other provision of these Terms, Landconnect and its Related Entities shall not be held liable for and you release Landconnect from, any and all claims against it in relation to any users (including unauthorised users) breach these Terms.
HOW WE DEAL WITH YOUR INFORMATION
All communications and interactions conducted through Landspot are solely conducted between or you and other Account Holders and Landconnect assumes no responsibility for these communications or interactions.
Landconnect requires all users with a registered account with the Site to abide by the following rules in relation to communication with other Account Holders:
Use of due diligence and judgement in all interactions;
Instant messaging is designed solely for communicating regarding an Account Holder’s products and any transaction or service related to the product;
- Unsolicited advertising or spam via the messaging service is not permitted;
- Personal information should only be provided to another Account Holder to the extent it is necessary for a product transaction to occur;
- Unwanted messages or harassment of any kind will not be tolerated and Landconnect reserves the right to terminate an Account Holder’s use of the Site in the event of a complaint; and
- No interference, defamation, abuse or uncompetitive behaviours in relation to transactions of other Account Holders is permitted.
- All users must comply with the Information Sharing Restrictions. Specifically land developers must not use the Site to share information with other land developers, and builders must not use the Site to share information with other builders.
You will appoint a person who:
and it is a condition of access and use of the Site that you procure that:
- is responsible for procuring compliance by you, your agents and employees, with these terms and conditions (that person hereinafter referred to as the Compliance Officer); and
- will be the main point of contact for any compliance matters relating to Users affiliated with you;
- the Compliance Officer signs and returns an acknowledgement in the form set out in Schedule 1; and
- in the event that the identity of the Compliance Officer changes, you promptly notify us of that change, and promptly arrange the new Compliance Officer to sign and return the acknowledgement in Schedule 1.
- Landconnect may collect information on how you interact with Landspot.com.au and/or how others interact with you on Landspot.com.au, such as what you and/or others view, the activity of you and/or others on the Site and how you and/or others engage with the Site or other users.
- Landconnect may use the information shared or your interaction with the Site to develop, improve or provide Landconnect’s services to you.
- You acknowledge and agree that we may share with our developer or builder partners your personal information such as your e-mail address, phone number, business name, and first and last name to facilitate your day to day business activities only.
If ownership of Landspot.com.au changes, we may transfer your information to the new owner and you consent to any such transfer.
Landconnect may provide to the Australian Competition and Consumer
Commission information requested by it about users compliance with the
Information Sharing Restrictions.
DISCLAIMER OF WARRANTY AND LIMITED LIABILITY REGARDING USE OF LANDSPOT.COM.AU
- The Site may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval by Landconnect of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this Site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
INDEMNITY AND RELEASE
- Landconnect does not verify or warrant the true identity, age or nationality of any user.
- Landconnect does not verify or warrant the truth or accuracy of the listings or any other information displayed on the Site. The information, products and services published on the Site may contain inaccuracies or typographical errors. Landconnect makes no warranty as to the results that may be obtained from the use of the Site or as to the accuracy, reliability, or currency of any information content or service through the Site.
- The Site and service is provided by Landconnect on an “as is’ and an “as available basis” and Landconnect makes no representations or warranties of any kind, express or implied, as to the operation of the Site, its security or the results that may be obtained from the use of the Site.
- Users agree to use the Site at their own risk and acknowledge Landspot is an information portal only and Landconnect and its agents, Related Entities (as that term is defined by the Corporations Act (Cth) 2001) and employees are not responsible or liable for any content including but not limited to text, data, images and items posted by users or users of the Site.
- Nothing in these Terms is intended to have the effect of excluding, restricting or modifying:
- the application of all or any of the provisions any relevant consumer law regarding which parties are precluded from contracting out of;
- the exercise of a right conferred by such a provision; or
- any liability of Landconnect nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Landconnect, or the like, in relation to a failure to comply with a guarantee that applies under any such consumer law to a supply of goods or services.
- Subject to the above described application of any relevant consumer law, to the maximum extent permitted by law, Landconnect excludes all of its liability (and that of its Related Entities, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software)) to you arising from or in connection with these Terms and your use or inability to use the Site, software or any related services, whether in contract, tort (including, without limitation, negligence), in equity, under statute, under indemnity or arising from statutory or implied conditions and warranties, including (but not limited to) direct damages, indirect, incidental or consequential (including but not limited to loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred), or special exemplary, and punitive damages.
- Where any Act, law or regulation applies to these Terms, any term, condition or warranty and that Act, law or regulation avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Terms. However, the liability of Landconnect and its related entities for any breach of such term, condition or warranty will be limited, at the option of Landconnect to:
- if the breach relates to goods:
- the replacement of the goods or the supply of the equivalent goods; or
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- if the breach relates to services;
- the supply of the services; or
- the payment of the cost of having the services supplied again.
- Neither Landconnect nor any of its Related Entities, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by Landconnect, or the like, warrant that websites affiliated with Landconnect, including, but not limited to, the Site, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
- Any service or software downloaded or otherwise obtained through the Site is done at your own discretion and risk, and you will solely responsible for any damage to your computer system or loss of data that results from the download or installation of any such material.
- Landconnect shall not be responsible for any opinions, views, advice, or statements posted on the Site (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorised Landspot spokesperson. Advertisers, content providers and users are not authorised Landspot spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers or users be relied upon for important personal decisions without independent verification.
- You acknowledge that the Site and services provided are only intended to facilitate interactions between users of the Site and that Landconnect holds no liability as a result of the misconduct of any users on the Site.
- The limitation of liability this clause 9 shall apply notwithstanding any reliance on any information obtained from the Site or that results from mistakes, omissions, interruptions, deletions of files or email, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorised access to provider records, programs, or services, and whether or not Landconnect has been advised of the possibility of such damages, You hereby acknowledge that this limitation shall apply to all content available through the Site.
- Except for the warranties above, Landconnect makes no other warranties, either express or implied, with respect to the products, or any related services offered or performed by Landconnect or any of its agents or subcontractors in connection with any product. If you are dissatisfied with any aspect of the Site, you should discontinue your use of the Site.
You agree to indemnify, defend and hold Landconnect and its Related Entities, its managers, affiliates, employees, agents, contributors, third party content providers, licensors and other partners (collectively, the “Indemnified Persons”) harmless from and against:
- all actions, claims, suits, demands, liabilities, costs, expenses, loss and damage (including legal and other costs on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Site or any of the services offered by Landconnect;
- any breach of the Terms by you or any person acting in collusion with you;
- any breach of applicable law or court order by you; and
- any negligence or wilful misconduct by you.
- You release Landconnect and its Related Entities from any and all actions, claims, suits, demands and liabilities against it in relation to any breach of the Terms by another User (including any unauthorised user), any breach of the Terms by you, any cancellation of your account, any actions Landconnect takes in relation to the Site or these Terms.
- With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. Landconnect, therefore, provides no guarantee for the constant and uninterrupted availability of the Site and other technical systems.
- Landconnect, together with its related entities, is not liable for any damage incurred by Site users or third parties from your use of Landspot's services and/or the Site. In particular, the foregoing are not liable for:
- any loss or damage that occurs due to an attempt to obtain information from the Landspot database not being:
- received by Landspot;
- received promptly; or
- considered as a consequence of technical errors; and/or
- any other costs incurred by you due to a system outage.
- In the case of a force majeure event, that in our sole discretion prevents us from operating the Site, we reserve the right to cancel any Landspot account.
- To the extent that a party’s delay or inability to perform an obligation under these Terms is due to the existence and its notification of a force majeure event, the affected obligations of that party under these Terms will be suspended until the passing of that force majeure event. A party must take all reasonable steps to minimize any disruption to and resume the performance of its affected obligations.
- Force majeure events are unpredictable and beyond our control. Landconnect, together with its related entities, is not liable to you in contract, tort, statute or restitution for any loss, damage, costs or injury resulting from or in connection with (whether directly or indirectly):
- the operation of clause 12.1; or
- the force majeure event.
RIGHT TO REFUSE AND TERMINATE
- Landconnect requires that you abide with the Privacy Act 1988 as amended from time to time, including the Australian Privacy Principles (collectively, the Australian Privacy Law). Any registered User found not abiding with these Terms and/or the Australian Privacy Law may have their use of the Site suspended by us.
- Notwithstanding clause 13.1, Landconnect does not guarantee that unauthorised third parties will be unable to access your personal information or content on the Site or that they will be unable to use your personal information and content for improper, unauthorised or unlawful purposes. You provide your personal information to us entirely at your own risk.
COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
- Landconnect reserves the right to refuse our service to anyone at any time.
- Landconnect reserves the right to terminate any inactive or unconfirmed accounts.
- Landconnect reserves the right to terminate any accounts in the event a user cannot be reached within 30 days of contact.
- Landconnect reserves the right to freeze or terminate your account and access to the Site without prior notice to you in the event:
- you breach any of these Terms;
- your conduct adversely impacts Landconnect’s name, reputation or violates the rights of another party;
- Landconnect is required to do so by law;
- Landconnect is no longer operating the Site or providing services to Users in the country of which you are a resident or from where you use the Site or Landconnect’s services; and
the Site or the services Landconnect provides, are in the opinion of Landconnect at its sole discretion, no longer commercially viable.
- You may terminate your account and use of the Site by providing Landconnect with 7 days written notice of your intention to terminate.
- Copyright in the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features), services and all related products of Landconnect is owned or licensed by us.
- Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) (Copyright Act) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or
- commercialise any information, products or services obtained from any part of the Site;
- without our written permission or, in the case of third party material, from the owner of the copyright in that material.
- All Landconnect’s copyright, trade-marks, service marks and trade names are owned, registered and/or licensed by Landconnect and / or its Related Entities.
- Landconnect retains all rights, title and interest in and to the Site and its services. All rights in relation to Landconnect’s intellectual property are expressly reserved by Landconnect. Nothing anybody does on the Site will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation of modification of such a thing, system or process).
- Unless otherwise provided for in these Terms, without the prior written consent of Landconnect (or any other relevant right owner), you may not broadcast, republish, upload to a third party website, transmit, post, distribute, show or play in public, adapt or change in any way the Site, Landconnect’s services or materials published on the Site. Materials on the Site that are freely available for re-use or which are in the public domain are not subject to this prohibition.
- You agree to us uploading and presenting any User Content (as that term is defined in the licence Landconnect holds with you or your Related Entities to use the Floor Plan Discovery Module) to the Site.
- By uploading Your Content onto the Site or by providing Your Content to Landconnect in any other way (including without limitation via any other software or application operated by Landconnect that you use, including the Floor Plan Discovery Module application):
- you grant to Landconnect a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, global license to broadcast, republish, transmit, post, distribute, use, exploit, show or play in public any content you publish, broadcast, upload, transmit, post or distribute on the Site without compensation (including, without limitation, by reproducing, changing, and communicating Your Content to other Account Holders) and permit Landconnect to authorise any other person to do the same thing;
- you consent to any act of omission by Landconnect which would otherwise constitute an infringement of your moral rights under the Copyright Act in relation to Your Content; and
- you acknowledge and agree that Landspot may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any content submitted by you to or via the Site.
- You represent and warrant that you have the right to use Your Content and grant the licences and consents set out in clause 15.7.
- You represent and warrant to Landconnect that the use or exploitation of Your Content by Landconnect and or any other user of the Site will not infringe on any third party’s copyright or intellectual property.
- In the event a complaint is made against you or content posted by you, it is your responsibility to handle the complaint and you agree to release and indemnify Landconnect for any losses (including legal and other costs on a full indemnity basis). Landconnect reserves the right to remove any posted content that may breach such rights.
- Any user content that breaches any intellectual property rights of another party, is subject to removal by Landconnect.
- You agree and undertake to Landconnect to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of Your Content to or via the Site.
- The Licence granted under clause 15.7 and warranties and undertaking provided under clauses 15.8, 15.9 and 15.12 survive the termination of these Terms.
- Owners of intellectual property who believe their rights have been breached should contact Landconnect (support@Landconnect.com.au) to request the removal of the alleged infringing content.
COMPLAINTS OR CONCERNS
- Any suggestions, ideas, concepts, designs or proposed improvements (“Improvement Concepts”) for Landspot submitted by you to Landconnect via any means are considered non-confidential and non-proprietary.
- In the event Landconnect elects to implement any Improvement Concepts to the Site, Landconnect shall own the rights to the Improvement Concepts that are made to the Site.
- Landconnect will not interfere with a dispute or mediate a dispute between users of the Site. All disputes must be handled directly between the relevant users. Landconnect encourages all parties to promptly resolve disputes.
- If you have any questions, concerns or comments relating to your use of the Site or about these Terms, please email us at support@Landconnect.com.au
- These Terms and your use of the Site shall be governed by and must be construed according to the laws of the State of Victoria, Commonwealth of Australia. Subject to any dispute resolution procedures set out in the Terms each party submits to the non-exclusive jurisdiction of the courts of Victoria, Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to your use of the Site.
- If any part of these Terms is found to be void, invalid or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force and effect and such void, invalid or unenforceable parts of the Terms will be deemed to be modified so as to effect the original intent of these Terms as closely as possible.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.
- You shall not assign or delegate any rights or obligations under these Terms. We reserve the right to assign or delegate all rights and obligations under these Terms without notice to you.
Updated 29th January 2019