March 8th, 2015


PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.



Welcome to Housenet.com.au a neighbourhood social networking service for Australian neighbours and local communities. In these terms and conditions, “we” “us” and “our” and “Housenet” refers to Housenet Corporation Pty Ltd ABN 37 155 259 117 and the service we provide at www.housenet.com.au, the Service. The Housenet Network consists of the Housenet Website, co-branded websites (including sub-domains), the Neighbours News Network™, Housenet Mobile and including versions of the website that may exist on other domains. The services offered by Housenet include e-mail, instant messaging, Housenet application developer service and any other features, tools, applications, materials, or other services offered by Housenet in connection with its business, however accessed, are referred to collectively as the "Housenet Service or Services".



We provide the Housenet Services for your personal use in accordance with these Terms of Use ("Agreement"). The information is intended for residents of Australia only. By accessing or using Housenet Services, including: data, text, information, graphics, photos, profiles, video clips, works of authorship, applications, links, messages or other materials (collectively as the "Content") thereof signifies that you have read the following Terms of Use, whether you are a Visitor (which means that you simply browse the Housenet Website without being registered) or a registered member of Housenet (collectively, as the "User" or "Member"). If you do not agree to be bound by this Agreement and to abide by all Applicable Law, do not conclude the Agreement, do NOT click “Join” and do not access, view, download or otherwise use any Housenet webpage, information or services. By clicking “Join,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.



It is our goal to provide you with an amazing user experience, so if you have any questions or comments about these Terms of Use, please contact us at: info@housenet.com.au



1. HOUSENET ACCOUNT:



1.1 Eligibility



Housenet is intended solely for users who are eighteen (18) years of age or older and that have the capacity to understand, agree to and comply with these Terms of Use. Registering for the Housenet Services, you represent and warrant that:



a) all required registration information you submit is truthful and accurate;



b) you will maintain the accuracy of such information;



c) you are (16) years of age or older;



d) you are not currently restricted from the Housenet Services, or not otherwise prohibited from having a Housenet account;



e) you will not use Housenet if you are a convicted sex offender;



f) you have full power and authority to enter into this Agreement;



g) you will not violate any rights of Housenet, including intellectual property rights such as copyright or trademark rights; and



h) your use of the Services does not violate any applicable law or regulation.



Your Housenet Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.



1.2 Registration and Account Security



When you sign up to become a Housenet member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your Housenet account. By way of example and not as a limitation, you agree to:



a) keep your password secure and confidential;



b) not reveal your password to any third party;



c) keep your registered email addresses and other registration data current and complete;



d) accept responsibility for all use and activities that occur under your account;



e) not permit others to use your account;



f) refrain from using the account, username, or password of another member at any time;



g) refrain from selling, trading, or otherwise transferring your Housenet account to another party;



h) refrain from charging anyone for access to any portion of Housenet, or any information therein;



i) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information;



j) notify us immediately if you suspect any unauthorised use of your Housenet Profile or access to your password.



We endeavour to use reasonable security measures to protect against unauthorised access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify Housenet of any unauthorised use of your account or password, or any other breach of security, and to accept all risks of unauthorised access to the Registration Data and any other information you provide to Housenet.



Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.



1.3 Forum Signature



You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a signature image linked from another website as long as they are within the following guidelines;



(i) Images must be no more than 100px high and 600px wide.



(ii) Only 1 (one) banner image may be used.



(iii) Absolutely no obscene, violent, or adult themed images are permitted.



1.4 Privacy



Protecting your privacy is very important to Housenet. Please review our full Privacy Policy as it is hereby incorporated into this Terms of Use by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content which you may submit to Housenet, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and we store and process your personal information on computers located in the Australia.



1.5 Subscriptions and Payments



You acknowledge that Housenet reserves the right to charge for any portion of the Housenet Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Consumer Power”, “Industry Pro” and “Industry Pro Plus” membership packages, otherwise known as Premium Membership), you agree to Housenet to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription.



All fees and charges are non-refundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or Housenet account. If Housenet terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that Housenet’s Premium Membership is subject to this Agreement and any additional terms related to the provision of the Premium Membership.



All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. Only “Industry Pro’ and “Industry Pro Plus” packages come with a 30 day free trial; “Consumer Power” does not include a 30 day free trial. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.



1.6 Notify us of acts contrary to the Agreement



If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.



2. MEMBER CONDUCT:



2.1 The Housenet Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorised by Housenet. Housenet reserves the right to remove or charge for commercial content in its sole discretion



2.2 In order to protect our Members from advertising or solicitation, Housenet in its sole discretion reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Housenet deems appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Housenet Services, you acknowledge that you will have caused substantial harm to Housenet.com.au and that Housenet reserves the right to investigate and take appropriate legal action.



2.3 You may not use the Housenet Service for any illegal or unauthorised purpose including collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Housenet Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorised solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.



2.4 Housenet may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Housenet have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member's use of the Housenet Service.



2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any content that you submit, post, and display on the Housenet Service.



3. PROHIBITED CONTENT AND ACTIVITY:



The following are examples of the kind of activities that are illegal or prohibited on the Housenet Website and through your use of the Housenet Services. YOU MUST NOT:



3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;



3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;



3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.



3.4 Submit material that contains nudity or depicts a human being engaged in sexual conduct or contains a link to an adult website;



3.5 Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;



3.6 Solicit personal identifying information or passwords from anyone under the age of eighteen (18);



3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;



3.8 Publicly posting information that poses or creates a privacy or security risk to any person;



3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;



3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by Housenet unless you have entered into a written agreement with Housenet;



3.11 Impersonate or attempt to impersonate Housenet or a Housenet employee, administrator, moderator, another Member, or person or entity;



3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the Housenet Services without their prior explicit consent;



3.13 Create a user profile for anyone or entity other than yourself, as a natural person, EXCEPT if for a licensed real estate agency for the purpose of listing property in the Housenet Marketplace under a business or company name. This is the sole exception for the creation of user accounts in non-person entities, and where invoked, the terms of this agreement will apply to the person creating the account, the company or entity in whose name the account is created, and its authorised officers. All other companies, businesses, organisations, groups and institutions must be created via the ‘Pages & Groups’ module, after you, the natural person, has already created an individual user account & profile.



3.14 Register for more than one User account, create fake or dummy accounts, impersonate another person, or register for a User account on behalf of an individual other than yourself;



3.15 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Housenet except as expressly permitted in this Agreement or as the owner of such information may expressly permit;



3.16 Submit materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by Housenet;



3.17 Remove, obscure, or alter any Housenet's copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;



3.18 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the Housenet Services other than your Content which you legally post on, through or in connection with the Housenet Services;



3.19 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of or access to a computer or a computer network;



3.20 Modify, adapt, translate, or reverse engineer any portion of the Housenet Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Housenet.com Service.



3.21 Attempt to gain unauthorised access to the Housenet Service, other accounts, computer systems or networks connected to the Housenet Service, through password mining or any other means.



3.22 Transmit, email or post any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes',‘spimming’, ‘spamming’ or any other form of such solicitation;



3.23 Harvest or collect email addresses or other contact information of members, including usernames, from the Housenet website by electronic or other means;



3.24 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;



3.25 Use the Housenet.com.au service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.



3.26 Using any information obtained from the Housenet Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.



3.27 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;



3.28 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to Housenet or any information therein, or the equivalent, in whole or part;



3.29 Cover or obscure the banner advertisements on your Housenet Profile page, or any Housenet page via HTML/CSS, scripting, or any other means;



3.30 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;



3.31 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;



3.32 Use other members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;



3.33 Interfere with another member's use and enjoyment of the Housenet Service;



3.34 Repeatedly infringe other people's intellectual property rights, we have the right to disable your account when appropriate;



If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: info@housenet.com.au



Housenet reserves the right to investigate and take appropriate legal action against anyone who, in Housenet's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Housenet Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.



4. MEMBER DISPUTES:



If there is a dispute between Members or between Members and any third party, you understand and agree that Housenet is under no obligation to become involved. In the event that you have such a dispute, you hereby release Housenet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.



5. INTELLECTUAL PROPERTY:



5.1 Ownership



You acknowledge that Housenet owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.



Any comment, feedback, idea or suggestion [called “Feedback"] which you provide to us through this website becomes our property. If in future we use your Feedback in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Feedback for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Feedback. If you provide us with Feedback, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.



5.2 Content Posted



All content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Housenet, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on Housenet or on the Web. You understand and agree that Housenet may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Housenet violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless Housenet assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.



Housenet does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Housenet an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing.



5.3 Your Content



By posting any Content on the Services and making your Content available to others [“Third Parties”] via RSS distribution, you hereby grant Housenet and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.



You represent and warrant that:



(i) you own the Materials posted by you on or through the Housenet Service or otherwise have the right to grant the license set forth in this section, and



(ii) the posting of your Materials on or through the Housenet Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Housenet Service.



You may remove your User Content from the Housenet at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Housenet may retain archived copies of your User Content, and also the information posted to the Web by Housenet on your behalf may be cached by websites outside of Housenet control.



5.4 Objectionable Content



We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination.



5.5 Enforcement by Us



We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.



6. THIRD PARTIES AND OTHER USERS:



6.1 Third Party Content



Content from other Users, advertisers, and other third parties is made available to you through the Housenet Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by Housenet may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to Housenet.



6.2 Responsibility



Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. We do not participate in any way in the transactions between our users. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.



6.3 Third-Party Websites and Partner Communities



The Housenet Services may contain links to third-party websites [“Third-Party Websites“] (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities [“Partner Communities“] or use other means to connect the Housenet Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.



7. VIOLATION OF TERMS:



7.1 Breach of Terms



Any use of the Services in violation of this Agreement may result in, among other options, editing of your content by us, removal of your content by us, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Housenet Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.



7.2 Termination of Service



You agree that Housenet, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or restrict the use of the Housenet Service (or any part thereof), immediately without notice or liability, if Housenet determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Housenet Services or access to Content if such use places an undue burden on our networks or servers. We would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Housenet servers being made or the volume of User Material being posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.



You may terminate your account anytime by going to "Account Settings", and choosing the "Cancel Account" option. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.



7.3 Effects of Termination



Housenet may terminate a Subscription, or any user's access to and use of the Site, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Privacy Policy), Housenet in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that Housenet deems appropriate to enforce its rights and pursue available remedies.



You understand that termination of this Agreement and your Housenet Profile may involve deletion of your Housenet Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your Housenet Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).



All Subscription Fees are non-refundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.



Further, you agree that Housenet shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.



8. COPYRIGHT POLICY:



You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Housenet respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission. Unauthorised copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. It is Housenet policy to terminate the accounts of repeat infringers.



If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Housenet at info@housenet.com.au



9. FURTHER OBLIGATIONS AND ACKNOWLEDGEMENTS:



9.1 You acknowledge that as a registered user of Housenet you are obliged to:



i) keep your user profile up to date;



ii) ensure all of your profile information is accurate at all times;



iii) keep all your marketplace listings current and up to date at all times;



iv) use Housenet 'Official Community Pages' for each suburb responsibly. Any promotional, fake, bogus, or excessively personal content is not permitted on these pages.



9.2 You further acknowledge that Housenet Corporation



i) is an information provider ONLY and that content and materials found on this site are general and may not apply to your circumstances;



ii) is not a real estate agency;



iv) is not a credit provider, or a credit assistance provider;



v) does not hold a Australian Financial Services Licence or provide financial services or advice;



vi) does not provide content that shall be relied upon by you in any way as a substitute for professional legal, real estate or financial advice.



vii) may send 'friend requests' to other Housenet members with whom you share the same postcode, on your behalf.



10. ADDITIONAL GENERAL TERMS FOR MARKETPLACE LISTINGS:



All registered Housenet members may create listings in our marketplace. The following general terms apply to private sellers, developers, and licensed real estate agents, and any other eligible members who use the Housenet marketplace. If you create listings in the Housenet marketplace, you must:



10.1 Update your listing status within 72 hours of any change, so that your choice of status always accurately reflects whether the listing is “current”, “off market”, “withdrawn”, or “sold”.



10.2 Close the listing entirely within 1 week of sale being effected.



10.3 List items in the relevant, correct category only.



10.4 Ensure all listing information is true and correct, and that only relevant input fields are completed.



Furthermore, you must NOT:



10.5 Create duplicate listings. Only one listing at a time for each item is permitted.



10.6 Create listings for items or real estate where you do NOT hold the relevant authority or permission to do so.



10.7 Upload photos with borders, logos, watermarks or moving images or animation.



10.8 Upload images, photographs or graphics that are not representative of the item listed.



10.9 Remove a current listing and then relist the same item in order to appear as a new listing. If an item has been removed from marketplace, it cannot re-appear as another listing for a period of not less than 60 days.



11. SPECIAL CONDITIONS APPLICABLE FOR REAL ESTATE AGENTS & DEVELOPERS:



Additional to the general terms for marketplace listings detailed in section 11, the following terms also apply to members who list property for sale, rent, or to share in a commercial capacity. If you are listing in our marketplace for business or non-personal use, on behalf of others as a real estate agent, sales consultant, property developer or similar, you warrant that:



11.1 You hold, or are duly authorised to act under, a valid license as your activities may require under the relevant state and commonwealth laws of Australia.



11.2 You have a signed authority from the property owner or vendor such as an Agency Agreement or Authority to Sell that duly authorises you to list the property on their behalf.



11.3 You will only create a duplicate listing for a property in instances where you are one of two (or more) agents who have equal rights to market that property.



11.4 You will NOT use the Service in any manner which is likely to mislead or deceive users of the Housenet site.



12. DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:



12.1 Disclaimer



Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.



12.2 Indemnity



By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.



12.3 Limitation of Liability



YOUR USE OF THE HOUSENET SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL HOUSENET OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE " HOUSENET PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE HOUSENET SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT HOUSENET PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HOUSENET SERVICE, FROM INABILITY TO USE THE HOUSENET SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HOUSENET SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE HOUSENET SERVICE OR ANY PART OF THE HOUSENET SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HOUSENET SERVICE AND ITS RELATED WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOUSENET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOUSENET FOR THE HOUSENET SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL HOUSENET BE LIABLE TO YOU FOR ANY AMOUNT.



13. APPLICABLE LAWS AND THIS AGREEMENT:



These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.



If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.



14. GST



Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.



15. LEGAL COMPLIANCE:



You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Housenet Service. Housenet reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the Housenet Service, Housenet Users, and the rights and property of Housenet and its affiliates.



16. GENERAL:



This Agreement is accepted upon your use of the Housenet Website or any of the Housenet Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Housenet regarding the use of the Housenet Services. The failure of Housenet to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Housenet and Neighbour News Network are trademarks of Housenet Corporation Pty Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.



17. CHANGES TO TERMS OF USE:



At our sole discretion Housenet reserves the right to change, modify, delete or amend portions of these Terms of Use at any time with or without further notice. Such changes will be effective immediately upon posting such revisions on the Site and you waive any right you may have to receive specific notice of such changes. We will indicate at the top of this page the date these terms were last revised. Your continued use of Housenet Site or the Housenet Services following the posting of such changes constitutes your binding acceptance thereof. It is your responsibility to regularly check the Housenet Site to determine if there have been changes.



This Agreement, and any posted revision to this Agreement, shall remain in full force and in effect while you use the Housenet Services or are a member.



Please report any form of abuse or identity theft to you or other members immediately to: info@housenet.com.au



Regarding any questions to this agreement, please send emails to: info@housenet.com.au



I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.