Terms & Conditions

 

Please read this agreement carefully before accessing or using the information and services available through the City Apartment Sales website(“Site”). By accessing the Site you agree to be bound by the terms and conditions below. City Apartment Sales may modify this agreement at anytime and such modifications shall be effective immediately upon posting the modified agreement on the Site. Terms and Conditions must be accepted and adhered to by Subscribers who use the service and the Site. City Apartment Sales also has a privacy policy for users of the Site.

1. Copyright and Trademarks. Copyright in all material and trademarks on this Site are owned by Q1 REALTY PTY LTD (ABN 81 117 254 967) ("CITY APARTMENTSALES") unless otherwise indicated and you agree not to infringe any intellectual property rights owned by Q1 REALTY PTY LTD.
2. The cost to Subscribe to City Apartment Sales site is $1.00 AUD per day (minimum term 12 months, paid in advance) plus a once only setup cost of $88.00 AUD. A total upfront payment of $440.00 AUD plus GST is required.
   
3. The Subscriber is entitled to the benefits of the City Apartment Sales site upon receipt of payment.
   
4. Information for personal, non commercial use only. You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose. You may download material from this Site for your personal, non commercial use only, provided you keep intact all copyright and other proprietary notices.
5. No guarantees or endorsements of sites we link to. City Apartment Sales provides links to internet sites maintained by third parties from its Site. Such linked sites are not under the control of City Apartment Sales and City Apartment Sales is not responsible for the linked site. City Apartment Sales will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
6. No guarantees as to the service. City Apartment Sales provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that City Apartment Sales cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail will be free of infection or viruses or other code that manifest contaminating or destructive properties.
7. Your responsibility for your password and login. To become registered you will be provided with a password and login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. You agree to immediately notify City Apartment Sales of any unauthorized use of your login name or any other breach of security known to you.
8. General provisions. If any part of this agreement is held invalid that partshall be severed from this agreement and the remainder of thisagreement will continue to be valid and enforceable.

Advertising Terms of Use

 

Subscribers on www.cityapartmentsales.com.au (including  City Apartment Sales zones) ("Site") identified as "Subscribers" or"Subscriber" agree to be bound by the following terms andconditions.

1. All amounts owing to City Apartment Sales, Q1 REALTY PTY LTD (ABN 81 117254 967) ("CITY APARTMENT SALES") by Subscribers must bepaid within 14 days of the date of invoice not withstanding any errors or omissions in any advertisement placed on the Site.  City Apartment Sales may charge Subscribers interest on late payment at the rate of 12.5% per annum and reserves the right to recoup any collection costs incurred from the Subscriber.  City Apartment Sales also reserves the right to disable Subscriber’s account with  City Apartment Sales without notice and refuse to supply further services to Subscriber’s organisation if City Apartments Sales's invoice is not paid within the required trading terms.

2. Subscribers indemnify and will keep indemnified City Apartment Sales, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by  City Apartment Sales in connection with:
   1. any breach of this agreement by the Subscriber;
   2. any negligent act or omission by the Subscriber;
   3. the listing or proposed listing of any advertisement by an Subscriber on the Site or any related site; or
   4. an actual or alleged breach by an Subscriber of any law, legislation, regulations, by-laws, ordinances or codes of conduct which occurs as a consequence of the Subscriber's advertisement appearing on the Site.
3. City Apartment Sales cannot and does not guarantee or warrant to the Subscriber that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that  manifest contaminating or destructive properties. Subscribers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data inputand output, and for maintaining a means external to the Site for there construction of any lost data.
4. City Apartment Sales provides no warranty to Subscribers that services generally available through the Site will be uninterrupted or error free.  City Apartment Sales agrees to use its reasonable endeavours to ensure that any disruptions to or a denial of access to the Site will be remedied as quickly as possible.
5. City Apartment Sales will not be liable for any delay or failure to perform its obligations under this agreement if such a delay or failure is due to circumstances beyond its reasonable control.
6. City Apartment Sales makes every effort to avoid errors in advertisements it has agreed to post to the Site. However,  City Apartment Sales accepts no responsibility or liability for any errors and requires that Subscribers check their advertisements for errors as soon as they are placed on the Site(s). All reasonable efforts will be undertaken by  City Apartment Sales to edit errors brought to  City Apartment Sales's attention as soon as reasonably possible.
7. City Apartment Sales agrees to use reasonable efforts to publish advertisements in the shortest possible time.  City Apartment Sales is not liable for any loss or damage incurred by an Subscriber as a result of any failure or delay in listing an advertisement.
8. TheSubscriber warrants and undertakes that:
   1. it has the legal capacity and power to enter into this agreement and perform its obligations under it;
   2. assign copyright of material posted on the Site to City Apartment Sales;
   3. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;
   4. all files delivered to  City Apartment Sales will be free of infection or viruses; and
   5. it will not use the Site for any illegal purpose.
9. Subscribers agree at all times to deal with any information or products provided by  City Apartment Sales or accessed from the Site in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
10. Subscribers agree not to use any feature of the Site to send unsolicited commercial emails;
11. Subscribers must ensure that all advertisements posted to the Site comply withall applicable legislation, regulations, by-laws, ordinances and codes of conduct, including but not limited to the:
    1. Fair Trading Acts in all applicable States and Territories;
    2. Privacy Act 1988 (Cth) including the National Privacy Principles; and
    3. Estate Agents Acts in all applicable States and Territories.
12. Subscribers are not permitted to insert links to an external website within the details of a property ad or link from City Apartment Sales's property enquiry process to any external websites or externally hosted application forms without City Apartment Sales express written approval. Such approval is subject to specific terms and conditions.
13. Unless specified in this agreement, Subscribers may not post advertisements to the Site under any of the following locations: any New Zealand location, UK - London, UK - Other, Ireland or Overseas - Other.  City Apartment Sales reserves the right to charge a Subscriber City Apartment Sales then applicable standard casual rate for any advertisement posted to any location specified above in breach of this clause.
14. Subscribers may not assign or transfer any rights and obligations pursuant to this agreement to any other person or entity without  City Apartment Sales prior written approval (which will not be unreasonably withheld). If Subscriber is a company, any change in Subscriber’s effective control shall be deemed an assignment for the purpose ofthis clause.
15. Subscribers agree that  City Apartment Sales retains all intellectual property rights contained in any of the goods and services provided to Subscriber by City Apartment Sales
16. Subscribers agree that pursuant to the Privacy Act 1988 (Cth),  City Apartment Sales may obtain from either a credit reporting agency or other credit providers:
    1. personal credit information about the Subscriber and/or its directors forthe purpose of assessing an Subscriber's commercial credit application; and
    2. a consumer credit report about the Subscriber for the purpose of collecting overdue payments relating to commercial credit owed bythe Subscriber.
17. Subscribers must ensure that advertisements posted to the Site are posted to the appropriate category of the Site and the onus is on Subscribers to ensure that they familiarise themselves with the advertising requirements of each available category on the Site to ensure appropriate placement of advertisements.
18. City Apartment Sales reserves the right and Subscribers must accept as a condition of advertising on the Site,  City Apartment Sales right to re-classify advertisements posted to the Site, entitling  City Apartment Sales to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.
19. City Apartment Sales reserves the right at all times without the need to have to provide any notice to Subscribers, to alter the functionality and appearance of its products and services available from  City Apartment Sales or through the  City Apartment Sales Site.
20. Subscribers must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to  City Apartment Sales without  City Apartment Sales prior written approval.
21. If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
22. Terminationof this agreement will not end those provisions that are capable of surviving the ending of this agreement.
23. This agreement is governed by the laws of Queensland. Subscribers irrevocably and unconditionally submit to the exclusive jurisdictionof the Courts of Queensland, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
24. Subscribers are entitled to a cooling off period of 10 days from registration.
25. All accounts are paid 12 months in advance per subscription, which after 30 days development work by  City Apartment Sales for the Subscriber all resources paid by the Subscriber have been exhausted.