General Public and Tenant Representatives Member Terms and Conditions

Corporaterealestate.com Pty Ltd as trustee for Corporaterealestate.com IP Trust (ABN 32 109 462 337) (CRE) maintains the website http://www.corporaterealestate.com or such other URL as specified by CRE from time to time (Website). The Website permits members of the general public and tenant representatives to register as members (Member) to receive certain additional services and benefits (as outlined in this document below) (Membership Benefits) on the Website. This document (the Agreement) sets out the terms and conditions on the use of this Website by Members, and the provision of Membership Benefits. Please review this document carefully, especially the disclaimer and limitation of liability sections. In this document, "the Member" means a person who has registered as a member to use the Website.

This document does not apply to owners and real estate agency members, or to the membership benefits that CRE provides to those members. If you wish to register as such member, please contact CRE for more information.

  1. Registration, Accounts and security
    1. Certain parts and certain features of the Website are only accessible and available by registered members who have an account. There are different categories of memberships, and members will receive different Membership Benefits depending on their membership type.
    2. General members of the public, and tenant representatives may register as a member and create an account (Account) by following the registration process set out in the Website and provide all necessary information. CRE reserves the right to reject any registration application for any reason (or for no reason at all). An Account will be created only if CRE approves the registration application.
    3. The Member warrants that all information that it provides to CRE at registration of the Account is true, complete and accurate. The Member must ensure its registration details are up-to-date.
    4. Use of or access to the Account will be subject to a logon system. The Member must keep safe and secure all access credentials (including username and password) (Credentials) used to access the Account. The Member is solely responsible for authorising its employees and agents (if any) to use the Account on its behalf (each an Authorised User). The Member must ensure that each Authorised User complies with this Agreement and maintains the confidentiality of the Credentials.
    5. The Member must not disclose any Credentials to anyone other than Authorised Users.
    6. The Member is entirely responsible for any access to the Account, and acknowledges that any access to or use of its Account by means of the Credentials assigned to the Member (whether or not such use is in fact by an Authorised User) is deemed to be access or use by the Member.
  2. Use of the Website and Membership Benefits
    1. The Membership Benefits that are available to the Member is determined by the membership type of the Member. CRE will use reasonable endeavours to set out and outline the Membership Benefits (and any limitations and conditions) as part of the registration process.
    2. CRE will use reasonable endeavours to maintain the Website and provide the Membership Benefits to the Member in accordance with this Agreement. However, CRE does not guarantee that the Membership Benefits will always be available.
    3. The Member must only use each feature and functionality of the Membership Benefits for the purpose for which it is reasonably intended. If CRE or the Website expressly specifies the purpose of a feature or functionality, then the Member must use that feature or functionality only for that purpose.
    4. Except as set out in this Agreement, the Member is responsible for all resources and materials (including internet connections) necessary to use and receive the Membership Benefits.
    5. The Member acknowledges and agrees that the Membership Benefits are generally displayed or provided through the Website, and that CRE may from time to time (at its absolute discretion) vary any part of the Website, including its structure, features, functionality, look and feel and performance. If CRE varies the Website, then CRE may also remove or vary a Membership Benefit or substitute it with a substantially equivalent benefit as part of the variation to the Website. The Member hereby accepts and consents to CRE making any such variation and substitution.
  3. Term of membership
    1. This Agreement commences on the date on which the Member is issued an Account and continues for the term (if any) specified at the registration process , unless terminated earlier in accordance with this Agreement.
  4. Obligations of the Member
    1. The Member must provide CRE with such information, text, content, image and document (Member Input) as may reasonably be required or desirable for the proper performance and provision of the Membership Benefit. For example, if the Member is a tenant representative and wishes to utilise the request for information feature of the Website's dashboard, then the Member is required to provide the request for information document that it wishes to submit.
    2. The Member must ensure, and warrants, that:
      • (1) it has the authority to provide Member Input and to grant CRE the licences under clause 5.2;
      • (2) the Member Input and its use and display by CRE on the Website:
        • (a) are not misleading or deceptive in any way (including by omission); and
        • (b) do not and will not infringe the intellectual property rights of any person.
    3. The Member must promptly notify CRE if the Member becomes aware, or has reasonable grounds to suspect, that any part of the Member Input is incomplete, inaccurate or misleading (including by omission), and must immediately remove or correct the Member Input.
    4. The Member must not bypass any security mechanisms imposed by CRE or on the Website.
  5. Confidentiality, Intellectual Property Rights and Privacy
    1. Nothing in the Agreement affects any rights of or title to any existing intellectual property rights. In particular, CRE will retain all rights and title in relation to the Website, its content, and any materials developed or created by CRE as part of providing the Membership Benefits. No part of the Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without CRE's prior written consent.
    2. All names, logos and trade marks on the Website are the property of their respective owners. Nothing on the Website or this Agreement should be interpreted as granting any rights to use or distribute any names, logos or trade marks without the express written agreement of the relevant owners.
    3. CRE authorises the Member to view and download the information on the Website and provided through the Membership Benefits solely to the extent, and only for the purpose, of using the Website and Membership Benefits in accordance with this Agreement.
    4. The Member grants to CRE a non-exclusive, worldwide and royalty-free licence (including a right to grant sub-licences) to use, reproduce, copy, modify, enhance and communicate to the public all intellectual property rights incorporated or subsisting in Member Input to the extent necessary or desirable to enable CRE to provide the Membership Benefits and to operate the Website.
    5. The Member indemnifies CRE from and against any loss, costs, expense, liability, claim or demands arising from or in connection with any claim, allegation or proceeding that any of the Member Input infringes the intellectual property rights of any person, is misleading or deceptive in any way (including by omission) or otherwise causes any loss whatsoever.
    6. CRE is committed to respecting the privacy of individuals. CRE may, through the operation of the Website or as part of the membership registration process, collect certain personal information about the Member or its Authorised Users. CRE collects the personal information for the purposes of operating the Website and providing Membership Benefits to the Member and other members and users of the Website. The provision of certain personal information is compulsory for certain functions of the Website, and if the Member does not provide such personal information, then those functions may not be available.
    7. CRE's privacy policy, as amended from time to time, and which is available at http://www.corporaterealestate.com/privacy-policy, contains information about how individuals may access the personal information about the individual that CRE holds, and seek the correction of the information, and also information about CRE's privacy complaint procedures and policies. It also contains information about the entities to which CRE usually discloses personal information that it collects.
    8. Some of the personal information collected by CRE will be displayed on the Website as part of its ordinary functionality.
    9. By entering into this Agreement, the Member consents to CRE collecting, using, disclosing and otherwise dealing with the personal information in the manner contemplated or referred to in this Agreement.
    10. If the Member provides any personal information (as that term is defined under the Privacy Act 1988 (Cth)) to CRE in connection with the Agreement, then the Member must ensure that the individual to which the information relates consents to the disclosure to and collection by CRE of his or her personal information, and the use of such personal information, in accordance with CRE's privacy policy and this Agreement.
    11. The Website (and the Membership Benefits) may allow the Member to access and download different information, such as property listing and personal information about other persons. Except for information that is already in the Member's possession (as evidenced by written records) or that is publicly available when the Member accesses or downloads information from the Website, the Member must treat it as confidential.
    12. The Member must not collect any personal information from the Website unless it is legally entitled to do so, and it must do so in accordance with all applicable privacy laws. The Member warrants that it has the consent and authority to collect and use such personal information (to the extent required by law).
    13. The Member indemnifies CRE from and against any loss, liability, claim, damage or expense that CRE incurs or suffers as a result of any breach of clause 5.10, 5.11 or 5.12.
  6. Disclaimers
    1. The Member acknowledges and agrees that:
      • (1) to the extent permitted by law, all information and data provided on the Website, and the Website and Membership Benefits is provided on an "as is" basis without any warranties of any kind;
      • (2) the Website and the Membership Benefits may not be free from fault or interruption;
      • (3) the Website is not fault-tolerant or intrusion-proof;
      • (4) without limiting clause 2.5, the Website will have such functionality and features as CRE determines to provide from time to time and CRE has not made any representations that the Website will have (or continue to have) any particular functionality or feature;
      • (5) the Website displays information and content of third persons, and CRE does not review or endorse the accuracy or completeness of the information or content;
      • (6) CRE does not conduct any review or verification of any of its members or the information that they may provide on the Website; and
      • (7) the Membership Benefits and the Website are only intended to make available certain information on the Website, and do not constitute any undertaking or representation that any particular commercial outcome will be achieved by any person.
    2. To the maximum extent permitted by law, and subject to clause 6.3, CRE excludes all representations, warranties, consumer guarantees, terms, conditions and undertakings in respect of the Website, the Membership Benefits and any other goods or services provided in connection with the Agreement, including any representations or warranties:
      • (1) regarding acceptability, merchantability or fitness for purpose;
      • (2) as to the security of any information stored on or transmitted to or from the Website;
      • (3) as to the completeness or accuracy of information on the Website;
      • (4) that the Website is error-free or have no defects, or are free from viruses, worms or trojans; or
      • (5) that the Website meets the Member's requirements or is compatible with the Member's computer system.
    3. In relation to any condition, warranty, consumer guarantee or representation implied or provided by law that cannot be excluded, where permitted by law, CRE's liability is limited, at the sole discretion and option of CRE, to the minimum obligations or liabilities permitted by law, such as by supplying the services again or paying the cost of having the services supplied again.
  7. Suspension of Membership Benefits or Website
    1. CRE may change or discontinue any feature on the Website, hours of availability and equipment or software required for access from time to time.
    2. CRE may, without liability, immediately suspend or limit the Membership Benefits or the Website (or any part of them) if any of the following occurs (each a Suspension Event):
      • (1) if CRE suspects any part of Member Input is incomplete, inaccurate or misleading (including by omission);
      • (2) if CRE suspects that the any part of the Membership Benefits or Website has been misused by the Member;
      • (3) if the Website suffers from any adverse performance or security issues;
      • (4) if CRE is required to do so to comply with applicable laws or a request from a regulatory body; or
      • (5) the suspension is necessary or desirable to repair, maintain, update or service any part of the Website.
    3. The Member releases CRE from all claims and liability arising from or in connection with any suspension arising from a Suspension Event.
    4. Without limiting clause 7.2, to the extent permitted by law, CRE is not liable for any loss or liability that the Member incurs in relation any error in, or omission from, the Website or the Website not being available at any particular time, and the Member releases CRE from all such claims.
  8. Liability
    1. To the maximum extent permitted by law, CRE will not be liable to the Member in contract, tort or otherwise in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of opportunity, loss of profit or loss or corruption of data.
    2. Without limiting clause 8.1, to the maximum extent permitted by law, CRE's aggregate liability to the Member under or in connection with the Agreement will in any event not exceed $AUD1.00.
  9. Termination
    1. The Member may cancel its membership and terminate this Agreement without cause at any time by giving CRE at least 30 days prior written notice.
    2. CRE may terminate this Agreement by disabling or removing the Member's Account if:
      • (1) the Member commits a material breach of this Agreement which is not capable of being remedied, or which is not remedied within a reasonable time after being requested to do so; or
      • (2) CRE is requested or directed to do so by any regulatory body or considers it necessary to do so in order to comply with any laws.
    3. Termination of the Agreement does not prejudice any accrued rights and remedies.
    4. All provisions that, by their nature, are intended to survive termination (including clauses 5, 6, 8, 9.3, 9.4 and 10.10) will survive termination or expiry of the Agreement.
  10. General
    1. CRE will not be liable for any failure to perform or delay in performing its obligations under the Agreement caused (in whole or in part) by any event beyond CRE's reasonable control including acts of terrorism, labour shortages, labour disputes, transport delays, internet connection issues, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, failures or faults of contractors or any similar event. In those circumstances CRE may delay or suspend the performance of its obligations without any liability to the Member.
    2. The Member must not transfer or assign any benefit or obligation under this Agreement to any third party without the prior written consent of CRE. CRE may subcontract the whole or any part of its obligations to any service provider without notice to the Member.
    3. If any provision in this Agreement is unenforceable, illegal or void or makes this Agreement or any part of it unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.
    4. A provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement.
    5. "Including" and similar expressions are not words of limitation.
    6. This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.
    7. To the extent permitted by law, CRE may vary, amend or add to this Agreement at any time. If CRE makes material changes to this Agreement that could adversely affect the Member, CRE will use reasonable endeavours to provide the Member with prior notice of the change. The Member is deemed to have received notice of such changes after CRE has placed a notice on the Website setting out the changes, and agreed to variation on the next time the Member accesses the Account after the changes are placed on the Website. If the Member does not agree with the changes, the Member may terminate this Agreement in accordance with clause 9.1.
    8. A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
    9. All notices given under the Agreement must be in writing. Notices may be given by CRE to the Member by posting it on the Website in a manner than is reasonably prominent or by email to the email address of the Member. Such notices shall be deemed to be received, in the case of a Website post, at the time the Member next visits the Website after such notices have been posted; and in the case of emails, if sent before 5.00pm on a business day at the place of receipt, on the day it is sent, and otherwise on the next business day at the place of receipt.
    10. The law of Queensland governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.
  11. Refund Policy

    We are not required to provide a refund if you change your mind. But you can choose a refund or exchange if our service has a major problem. This is when the service:

    • Has a problem that would have stopped someone from purchasing the service if they had known about it;
    • Is significantly different from the description provided
    • Doesn’t do what we said it would, or what you asked for and cannot be easily fixed.

    Alternatively, you can choose to keep the service and we will compensate you for any drop in value.

    If the problem is not major, we will repair the service issue within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or exchange.

    Refunds will be made through the original method of purchase.



Corporate Starter Membership Services Agreement

Corporaterealestate (Aust) Pty Ltd as trustee for Corporaterealestate Australia Unit Trust (ABN 86 135 776 321) (CRE) maintains the website http://www.corporaterealestate.com or such other URL as specified by CRE from time to time (Website). The Website permits users to register as members (Member) to receive certain additional services and benefits (as outlined in this document below) (Membership Benefits) on the Website. This document (the Agreement) sets out the terms and conditions on the use of this Website by Members, and the provision of Membership Benefits for the ‘Corporate Starter Membership’. Please review this document carefully, especially the disclaimer and limitation of liability sections. In this document, “the Member” means a person who has registered as a member to use the Website and the ‘Corporate Starter’ Membership Benefits.

Membership Details

  1. Member Details
    1. As per the details provided via the Website when the Member registers
  2. Commencement Date
    1. Immediately upon the Member agreeing to this Agreement via the Website when registering
  3. Term
    1. 1 year. The Term will be extended automatically for additional periods of 1 year unless CRE notifies the Member that the Term will not be extended.
  4. Membership Fee and Payment Arrangements
    1. Nil
  5. Membership Type
    1. Corporate Starter
  6. Membership Benefits
    1. Any Sales & Leasing Agent (as well as principal and administrator) from your agency can list properties. Any agent from your company (as well as principal and administrator) can access and utilise the Marketing Dashboard. Marketing Dashboard includes: Basic eBrochure & Custom eBrochure.
  7. Account usage restrictions
    1. Australia
  8. Address for notices
    1. Member As per the details provided via the Website when the Member registers
      CRE:
        Post: PO Box 2405, Fortitude Valley BC, Q, 4006.
        Email: gr@corporaterealestate.com

Terms and Conditions

  1. Definitions and interpretation
    1. In this Agreement, unless the contrary intention appears:
      • (1) Account means an account on the Website created by CRE for the Member to access and receive the Membership Benefits;
      • (2) Account Usage Restrictions means the restrictions and conditions set out in Item 7 of the Membership Details;
      • (3) Agreement means these terms and conditions, the cover page to these terms and conditions, the Membership Details and any schedule or annexure;
      • (4) Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in Brisbane, Queensland;
      • (5) Commencement Date means the date set out in Item 2 of the Membership Details;
      • (6) Intellectual Property Rights means copyright, trade mark, moral rights, confidential information, design, patent, trade, business or company names, or other proprietary rights, or any rights to the registration of those rights and any applications to register those rights (anywhere in the world);
      • (7) Listing means a listing of a property for sale or lease;
      • (8) Member Input means any information, text, content, drawing, diagram, photo, branding or other materials provide by or on behalf of the Member to CRE as part of using or receiving the Membership Benefits;
      • (9) Member Pages means the set of web pages relating to the Member or Listings created by or on behalf of the Member and displayed on the Website;
      • (10) Membership Benefits means the membership benefits and services set out in Item 6 of the Membership Details;
      • (11) Membership Details means membership details specified following the cover page of this Agreement;
      • (12) Membership Fee means the fee or fees (if any) set out in Item 4 of the Membership Details;
      • (13) Membership Type means the type of membership set out in Item 5 of the Membership Details;
      • (14) Term means the term of this Agreement set out in Item 3 of the Membership Details; and
      • (15) Website means the website operated by CRE, available at http://www.corporaterealestate.com or such other URL as specified by CRE from time to time.
    2. In this Agreement:
      • (1) reference to the singular includes the plural and the plural includes the singular, a person includes a body corporate and a party includes the party’s executors, administrators, successors and permitted assigns;
      • (2) money is to Australian dollars, unless otherwise stated;
      • (3) “including” and similar expressions are not words of limitation;
      • (4) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
      • (5) headings are for convenience only and do not form part of this Agreement or affect its interpretation;
      • (6) a provision of this Agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Agreement or the inclusion of the provision in the Agreement;
      • (7) if an act must be done on a specified day that is not a Business Day, it must be done instead on the next Business Day;
      • (8) if a party consists of more than one person, this Agreement binds each of them separately and any two or more of them jointly;
      • (9) an obligation, representation or warranty in favour of more than one person is for the benefit of them separately and jointly; and
      • (10) a party which is a trustee is bound both personally and in its capacity as a trustee.
  2. Term
    1. This Agreement commences on the Commencement Date and continues for the Term unless terminated earlier or extended in accordance with this Agreement. If Item 3 of the Membership Details provides for a regime under which the Term may be extended, then the Term may be extended in accordance with that regime.
  3. Membership Benefits
    1. Subject to full payment of the Membership Fee (if any) and satisfaction of any additional conditions and limitations set out in Item 6 of the Membership Details, CRE will provide the Membership Benefits in accordance with this Agreement. CRE will use reasonable efforts to provide the Membership Benefits in an efficient and timely manner.
    2. Except as set out in this Agreement, the Member is responsible for all resources and materials (including internet connections) necessary to receive the Membership Benefits.
    3. The Member acknowledges and agrees that the Membership Benefits are generally displayed or provided through the Website, and that CRE may from time to time (at its absolute discretion) vary any part of the Website, including its structure, features, functionality, look and feel and performance. If CRE varies the Website, then CRE will use reasonable endeavours to minimise the impact to the Membership Benefits, but may vary a Membership Benefit or substitute it with a substantially equivalent benefit as part of the variation to the Website. The Member hereby accepts and consents to CRE making any such variation and substitution.
  4. Membership Fee
    1. If Item 4 of the Membership Details specifies that a Membership Fee is payable, the Member will pay the Membership Fee in accordance with the payment regime set out in Item 4 of the Membership Details. CRE will invoice the Member for the Membership Fee on or before the date on which the Membership Fee is due. The invoice must be a valid tax invoice.
    2. Capitalised expressions in this clause 4.2 have the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Any amount that may be payable under this Agreement is exclusive of any GST. If a party makes a Taxable Supply in connection with this Agreement for a Consideration which represents its Value, then the Recipient of the Taxable Supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the amount of any GST payable in respect of the Taxable Supply. The Recipient’s obligation to pay GST is subject to a valid Tax Invoice being delivered.
  5. Obligations of the Member
    1. The Member must provide CRE with such information (including Member Input) as may reasonably be requested or required for the proper performance and provision of the Membership Benefit.
    2. The Member must ensure, and warrants, that:
      • (1) it has the authority to provide Member Input and to grant CRE the licences under clause 7.3;
      • (2) the Member Input, Member Pages and their use and display by CRE on the Website:
        • (a) are not misleading or deceptive in any way (including by omission); and
        • (b) do not and will not infringe the Intellectual Property Rights of any person; and
      • (3) in respect of any Listing posted by the Member, it is authorised and entitled to advertise and promote with the property described or advertised on the Listing.
    3. The Member must promptly notify CRE if the Member becomes aware, or has reasonable grounds to suspect, that any part of the Member Input or Member Pages is incomplete, inaccurate or misleading (including by omission), and must immediately remove or correct the Member Input or Member Pages (as applicable).
    4. The Member must only use each feature and functionality of the Membership Benefits for the purpose for which it is reasonably intended. If CRE expressly specifies the purpose of a feature or functionality, then the Member must use that feature or functionality only for that purpose.
    5. The Member must not bypass any security mechanisms imposed by CRE or on the Website.
  6. Account and security
    1. Subject to the Member providing CRE with all requested registration information, CRE will create an Account to enable the Member to receive and access the Membership Benefits.
    2. The Member warrants that all information that it provides to CRE at registration of the Account is true, complete and accurate. The Member must ensure its registration details are up-to-date.
    3. Use of or access to the Account will be subject to a logon system. The Member must keep safe and secure all access credentials (including username and password) (Credentials) used to access the Account. The Member is solely responsible for authorising its employees and agents to use the Account on its behalf (each an Authorised User). The Member must ensure that each Authorised User complies with this Agreement and maintains the confidentiality of the Credentials.
    4. The Member must not disclose any Credentials to anyone other than Authorised Users.
    5. The Member is entirely responsible for any access to the Account, and acknowledges that any access to or use of its Account by means of the Credentials assigned to the Member (whether or not such use is in fact by an Authorised User) is deemed to be access or use by the Member.
    6. The Member must comply with all Account Usage Restrictions, including restrictions in respect of authorisation of Authorised Users.
  7. Confidentiality, Intellectual Property Rights and Privacy
    1. The Member must treat the terms of the Agreement as confidential to CRE, but may disclose the terms of the Agreement to its solicitors, auditors, insurers or accountants on a confidential basis for the purposes of seeking advice in relation to the Agreement.
    2. Nothing in the Agreement affects any rights of or title to any existing Intellectual Property Rights. In particular, CRE will retain all rights and title in relation to the Website, its content, and any materials developed or created by CRE as part of providing the Membership Benefits.
    3. The Member grants to CRE a non-exclusive, worldwide and royalty-free licence (including a right to grant sub-licences) to use, reproduce, copy, modify, enhance and communicate to the public all Intellectual Property Rights incorporated or subsisting in Member Input and Member Pages to the extent necessary or desirable to enable CRE to provide the Membership Benefits and to operate the Website.
    4. The Member indemnifies CRE from and against any loss, costs, expense, liability, claim or demands arising from or in connection with any claim, allegation or proceeding that any of the Member Input or Member Pages infringes the Intellectual Property Rights of any person, is misleading or deceptive in any way (including by omission) or otherwise causes any loss whatsoever.
    5. CRE is committed to respecting the privacy of individuals. If the Member provides any personal information (as that term is defined under the Privacy Act 1988 (Cth)) to CRE in connection with the Agreement, then the Member must ensure that the individual to which the information relates consents to the disclosure to and collection by CRE of his or her personal information, and the use of such personal information, in accordance with CRE’s privacy policy, as amended from time to time, which is available at www.corporaterealestate.com/privacy-policy. The Member must comply with the Privacy Act 1988 (Cth) in using any Membership Benefits to collect, process, use or otherwise deal with personal information, and agrees to the terms of CRE’s privacy policy.
  8. Disclaimers
    1. The Member acknowledges and agrees that:
      • (1) the Website and the Membership Benefits may not be free from fault or interruption;
      • (2) the Website is not fault-tolerant or intrusion-proof;
      • (3) without limiting clause 3.3, the Website will have such functionality and features as CRE determines to provide from time to time and CRE has not made any representations that the Website will have (or continue to have) any particular functionality or feature;
      • (4) the Website displays information and content of third persons, and CRE does not review or endorse the accuracy or completeness of the information or content;
      • (5) CRE does not conduct any review or verification of any of its members (including public members who may register online); and
      • (6) the Membership Benefits and the Website are only intended to make available certain information on the Website, and do not constitute any undertaking or representation that any particular commercial outcome will be achieved by any person.
    2. To the maximum extent permitted by law, and subject to clause 8.3, CRE excludes all representations, warranties, consumer guarantees, terms, conditions and undertakings in respect of the Website, the Membership Benefits and any other goods or services provided in connection with the Agreement, including any representations or warranties:
      1. (1) regarding acceptability, merchantability or fitness for purpose;
      2. (2) as to the security of any information stored on or transmitted to or from the Website;
      3. (3) as to the completeness or accuracy of information on the Website;
      4. (4) that the Website or Member Pages (if developed by CRE) are error-free or have no defects, or are free from viruses, worms or trojans; or
      5. (5) that the Website or Member Pages meet the Member’s requirements or are compatible with the Member’s computer system.
    3. In relation to any condition, warranty, consumer guarantee or representation implied or provided by law that cannot be excluded, where permitted by law, CRE’s liability is limited, at the sole discretion and option of CRE, to the minimum obligations or liabilities permitted by law, such as by supplying the services again or paying the cost of having the services supplied again.
  9. Suspension of Membership Benefits or Website
    1. If Membership Benefits include hosting the Member Pages on the Website, then CRE will use reasonable endeavours to ensure that the Member Pages and the Website are available for access at all times. However, CRE does not warrant that access to the Member Pages or the Website will be uninterrupted or available when required.
    2. CRE may change or discontinue any feature on the Website, hours of availability and equipment or software required for access from time to time.
    3. CRE may, without liability, immediately suspend or limit the Membership Benefits or the Website (or any part of them) if any of the following occurs (each a Suspension Event):
      • (1) if CRE suspects any part of Member Input or Member Pages is, inaccurate or misleading (including by omission);
      • (2) if CRE suspects that the any part of the Membership Benefits or Website has been misused by the Member (including breach of any Account Usage Restrictions);
      • (3) if the Website suffers from any adverse performance or security issues;
      • (4) if CRE is required to do so to comply with applicable laws or a request from a regulatory body; or
      • (5) the suspension is necessary or desirable to repair, maintain, update or service any part of the Website; or
      • (6) if the Member fails to pay any fees to CRE.
      The Member releases CRE from all claims and liability arising from or in connection with any suspension arising from a Suspension Event.
    4. Without limiting clause 9.3, to the extent permitted by law, CRE is not liable for any loss or liability that the Member incurs in relation any error in, or omission from, the Website or Member Pages, or the Website or Member Pages not being available at any particular time, and the Member releases CRE from all such claims.
  10. Liability
    1. To the maximum extent permitted by law, CRE will not be liable to the Member in contract, tort or otherwise in any circumstances for any indirect, economic, special or consequential loss or damage, or in any event for any loss of revenue, loss of production, loss of opportunity, loss of profit or loss or corruption of data.
    2. Without limiting clause 10.1, to the maximum extent permitted by law, CRE’s aggregate liability to the Member under or in connection with the Agreement will in any event not exceed the Membership Fee that was paid under the Agreement, except that if no Membership Fee is specified under Item 4 of the Membership Details then such aggregate liability will be limited to AU$1.00.
  11. Termination
    1. Either party may terminate the Agreement without cause at any time by giving the other party at least 30 days prior written notice.
    2. A party may terminate the Agreement by immediate notice to the other party (Defaulting Party) if:
      • (1) the Defaulting Party commits a material breach of the Agreement and fails to remedy the breach within 14 days of notice requiring remedy; or
      • (2) the Defaulting Party becomes insolvent or the subject of any external administration.
    3. CRE may terminate this Agreement by immediate notice to the Member if CRE is requested or directed to do so by any regulatory body or considers it necessary to do so in order to comply with any laws.
    4. Termination of the Agreement does not prejudice any accrued rights and remedies. All sums due to CRE become payable in full on termination of the Agreement. If the Agreement is terminated by the Member under clause 11.2, then CRE will refund (on a pro-rata basis) any Membership Fees that the Member has prepaid and for which Membership Benefits have not been provided.
    5. All provisions that, by their nature, are intended to survive termination (including clauses 5.3, 7, 8, 10, 11.4, 11.5, 12.9, 12.10 and 12.11) will survive termination or expiry of the Agreement.
  12. General
    1. CRE will not be liable for any failure to perform or delay in performing its obligations under the Agreement caused (in whole or in part) by any event beyond CRE’s reasonable control including acts of terrorism, labour shortages, labour disputes, transport delays, internet connection issues, inability to obtain products or supplies, fires, explosions, contamination, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, failures or faults of contractors or any similar event. In those circumstances CRE may delay or suspend the performance of its obligations without any liability to the Member.
    2. The Member must not transfer or assign any benefit or obligation under this Agreement to any third party without the prior written consent of CRE. CRE may subcontract the whole or any part of its obligations to any service provider without notice to the Member.
    3. If any provision in this Agreement is unenforceable, illegal or void or makes this Agreement or any part of it unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.
    4. Each party must promptly at its own cost do all things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Agreement.
    5. This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.
    6. An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.
    7. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
    8. Each party must pay its own costs and outlays connected with the negotiation, preparation and execution of this Agreement.
    9. All notices given under the Agreement must be in writing and personally delivered to the address of the addressee, sent by prepaid post to the address of the addressee, or sent by facsimile or email to the facsimile number or email address of the addressee. Such notices shall be deemed to be received in the case of delivery, upon delivery, in the case of prepaid post, on the second Business Day after posting, and in the case of facsimile or emails, if sent before 5.00pm on a Business Day at the place of receipt, on the day it is sent, and otherwise on the next Business Day at the place of receipt.
    10. The law of Queensland governs this Agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia.
    11. This Agreement may be executed in any number of counterparts. Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement is binding on the parties on the exchange of executed counterparts. A copy of an original executed counterpart sent by facsimile machine or by email must be treated as an original counterpart and is sufficient evidence of the execution of the original, and may be produced in evidence for all purposes in place of the original.