TERMS OF USE POLICY
Real Estate Photography Specialists Pty Ltd ACN 139 585 452 ATF REPS Trust t/a Real Estate Photography Specialists (“REPS”)
Your access to the website www.repsfranchise.com.au is subject to your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (“Terms of Use”).
Your use of, and/or access to the REPS website, constitutes your agreement to the Terms of Use. REPS reserves the right to amend or change the Terms of Use at any time.
Intellectual Property and Restrictions on Use of Content
All information, text, material, graphics (including some photographs (see below paragraph), software and advertisements (“Content”) on the REPS website are owned by REPS.
Either REPS or the relevant client owns the copyright in the real estate photographs on the REPS website. If REPS does not own the copyright in a real estate photograph on the REPS website, REPS holds a licence from the relevant client to use that real estate photograph to promote the relevant property and/or the REPS services.
You must not modify, copy, reproduce, republish, post, transmit or distribute the Content, or any photograph on the REPS website, in any way, except as expressly provided for on the REPS website or expressly authorised in writing by REPS.
Strictly on the condition that you keep all Content (including all photographs on the REPS website) intact and in the same form as presented on the REPS website (including without limitation all copyright, trademark and other proprietary notices), you may download and view the Content, and any photograph on the REPS website, for your personal or commercial use.
You must not use the REPS website in any manner or for any purpose which is unlawful.
DISCLAIMER AND LIMITATION OF LIABILITY
The Trade Practices Act (and similar State and Territory Legislation in Australia) may confer rights and remedies on you in relation to the provision by REPS of goods or services on the REPS website which cannot be excluded, restricted or modified ("Non-excludable Rights"). REPS does not exclude any Non-excludable Rights, but does exclude all other conditions and warranties implied by custom, law, statute or otherwise.
Except as provided for by the Non-excludable Rights:
a) all Content (and other photographs on the REPS website) is provided "as is" and without any express or implied warranties;
b) REPS and its suppliers expressly disclaim all warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose;
c) REPS does not warrant that the functions contained in any Content (or any photograph on the REPS website) or any communications facility or your access to the REPS website will be uninterrupted or error-free, that any defects will be corrected or that the REPS website or the server which stores and transmits content to you are free of viruses or any other harmful components; and
d) REPS does not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content (include any photograph on the REPS website) in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Under no circumstances (including but not limited to any act or omission on the part of REPS will REPS be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever, which result from any use or access of, or any inability to use or access, the REPS website or any Content (including any photograph on the REPS website).
You expressly acknowledge and agree that REPS does not exert control over users of the REPS website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, REPS liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of REPS to the following: In the case of services supplied or offered by REPS, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again.
Termination
The Terms of Use are effective until terminated by REPS, and REPS may terminate this agreement and your access to the REPS website at any time without notice.
In the event of termination, you are no longer authorised to access the REPS website, but all restrictions imposed on you, licenses granted by you and all REPS disclaimers and limitations of liability set out in the Terms of Use will survive.
Miscellaneous
REPS relies on your continued observance of these Terms of Use. If REPS suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify REPS for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Laws of Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
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