sellers.com.au
TERMS OF USE
LEGAL RESTRICTIONS AND TERMS OF USE APPLY TO THIS SITE USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site
Disclaimer
Synergi First Pty Limited A.C.N. 096 792 595 ("synergi first") owns and operates an internet-based vehicle of delivery of sellers' information ("the Website") under the domain name http://www.sellers.com.au and all materials, information, software, systems, tools, utilities, services and consequential changes included in or available through the Website where sellers of properties may access the Website and view information about their properties as entered into by their selling real estate agents ("the Services"). Synergi first provides the Website and the Services on an "as is" and "as available" basis for use. Synergi First makes no statements, representations or warranties, expressed or implied, that the content of the Website and services and information accessed through the Website are accurate, complete, reliable, correct or free from error or omissions and makes no representations about its suitability for any particular purpose, including merchantability and fitness. Synergi first does not warrant the functions and/or information contained on its Website or that its contents will meet your requirements and/or are fit for any particular purpose, including title and non-infringement. Synergi first does not warrant or make any representations regarding the use or the results of the use of the materials and services on its Website. Users should make their own judgments about those matters and/or seek independent advice. You agree to use the Website and the services solely at your own risk. Synergi first does not warrant that the Website and the services will be available at any particular time or location, that the Website service, and access to it, will be uninterrupted, that any defects or errors will be corrected or that the Website and its content are free from viruses, worms, Trojan horses, cancelbots or other harmful components.

You assume all risks associated with the use of the Website, including (without limitation):
  • The risk of your computer, software or data being stolen, damaged or lost as a result of a virus or other online threat which might be transmitted or activated via the Website or your access to it;
  • The risk that the content of the Website complies with the laws of any country outside Australia.
No Liability
Under no circumstances will Synergi first and/or its employees, its agents, its consultants and its officers be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages related to the violation of these terms use or the use of or inability to use this Website or the reliance on or use of information, the Services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.

To the extent permitted by law, Synergi first excludes all responsibility for loss or damage arising from the use of, or reliance on, the information contained on or accessed through and the services available on the Website, including (without limitation) loss of profit, loss of data and loss of use, whether or not in an action of contract, negligence or other tortuous action.

You agree to indemnify Synergi first from and against any loss, cost or expense incurred arising from any claim, suit, demand, action or proceeding by any person against Synergi first arising from the User's use of the Website.
User Access
User access and use of the Website is restricted through the use of a login and password registration mechanism ( "User Account"). You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under it.

Use of the Website will be logged for the purpose of security and usage monitoring.

You agree to (a) immediately notify Synergi first of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from the restricted areas at the end of each session. Synergi first will not be liable for any loss or damage arising from a failure to comply with this provision.

You are not, and will not, for any purpose, be deemed to be an officer, employee or partner of Synergi first, or as otherwise able to bind or represent Synergi first.

Synergi first may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content available at the Website. Synergi first may also impose limits on certain features and services or restrict database, or content available at the Website. Synergi first may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

Unauthorised use of the Website could result in criminal prosecution.
Copyright
Synergi first retains copyright of the Website as a whole and all material on the site that is authorized by Synergi first. You may use any of the material and access the services on the Website for your personal use provided that an appropriate acknowledgement is made (retaining this notice) and the material is not altered in any way. You may not commercialise this material without the permission of Synergi first.

The software provides for certain data that may be completed on screen, saved and printed. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

Access to the Website by non-authorised users is strictly prohibited.
Termination
Synergi first reserves the right, in its sole discretion, to terminate your access to the Website, or an area of the Website immediately and without notice. If you do not agree with these Terms of Use your sole and exclusive remedy is to cease using the Website.

Where Synergi first has terminated your access to the Website, the password you have been issued will cease to be valid and you will be unable to access the Website.

Synergi first will not be liable to pay compensation for termination and the User will not be entitled to compensation for any losses incurred as a result of the termination.
Survival
In the event that access is terminated as provided herein or the User ceases using the Website these Terms and Conditions will survive.
Changes to these Terms of Use
Synergi first may change these Terms of Use at any time, by publication of an updated form of these Terms of Use on the Website. The date appearing next to the words "current as at" will indicate when these Terms of Use were last updated. Users should review the Terms of Use published on the Website from time to time.
Privacy
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Synergi first manages the Website and treats personal information as confidential.

The Privacy Act 1988 is the key law designed to protect your rights and prevent misuse of personal information collected by Synergi first.

Site visit data
Synergi first operates the Website with outsourced technical assistance.

A record of your visit is logged each time you visit the Website. We may collect information for statistical purposes to find out how our website is used and navigated, including the number of hits, the frequency and duration of use, to discover what information is most and least used so as to make the Website more useful where possible and improve our website performance.

The information logged when you access the Website includes:
  • The user's Internet domain and Your IP or server's address;
  • The date and time of your visit to the site;
  • The pages you visit and the documents downloaded;
  • Your web browser version and type (for example internet explorer V 4.0 etc);
  • The user's operating system (for example, Windows NT, Windows 95, MAC etc);
  • The time taken to transmit information to you; and
  • The previous Internet address from which you came directly to this website.
All of this information is used for statistical analysis or systems administrative purposes only. No attempt will be made to identify users or their browsing activities, except if we suspect an improper use of the website, a breach of our terms and conditions and/or when required by or under law.
Collection, use and disclosure of personal information
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Generally, we will collect personal information only to the extent necessary to provide the services, or to carry out our internal administrative operations. As your personal information available on our website is mostly entered by your selling real estate agents, we recommend that you ask them for a copy of their privacy policy.

We may also collect personal information from you when you fill in an application form, deal with us over the telephone, send us a fax or email.

Personal information collected by us may include your:
  • name
  • address
  • email address
  • telephone number
  • facsimile transmission
  • needs
  • enquiry
  • comments or suggestions
Personal information collected by us will only be:
  • treated with strictest confidence
  • collected by lawful and fair means
  • used for lawful purposes
  • collected with your consent
  • disclosed with your consent
  • used for the purpose it is collected
Personal information provided to us will be treated confidentially and will only be used and/or disclosed in accordance with your consent, the purpose for which you provide it and/or the provisions of the Privacy Act 1988.
Security
The Privacy Act 1988 has specific provisions that prohibit Synergi first from collecting, using or disclosing anyone's personal information except in performing their duties and in specific situations permitted by law.

Personal information received from you either via email or any other means is held with the strictest confidence. The information is securely stored and access is restricted to authorized synergi first personnel only. The information will only be released if required by law or your permission granted.

While synergi first aims to provide a secure web-based environment, you need to be aware however of the inherent risks associated with the transmission of information via the Internet. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should subscribe to, use and access this website.
Further Information
If you have any questions regarding these Terms and Conditions, please contact us at contact@diaryonline.com.au.

These terms and conditions are governed by the law in force in the State of New South Wales (NSW) and any dispute about these terms or the contents of the Website are subject to the exclusive jurisdiction of the courts of the NSW and their courts of appeal.

Terms of Use: Current as of 28.02.2006