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Terms & Conditions

FRC Website - User Terms

Terms and Conditions
You must read these terms and conditions carefully before using this Site. By using this Site, you agree to be bound by these terms and conditions ("Agreement"). You agree not to attempt to connect to this Site, or to view any of this Site if you do not agree to the terms of this Agreement. The services and information available on this Site are not available outside of Australia. This Site and information and services provided through it is directed to and available for Australian residents only and is made available in Australia through Knight Frank Australia Pty Ltd (ABN 17 004 973 684) and its subsidiaries ("Knight Frank").

  1. DISCLAIMER

    You acknowledge that:

    1. The information and services available on this Site should not be used as a substitute for professional real estate advice and you should seek professional advice from your Knight Frank property manager with respect to any transaction resulting from any information on this Site. If you would like to learn more about any information contained on this Site, you should contact your Knight Frank property manager.
    2. To the fullest extent permissible by law, Knight Frank excludes all warranties in relation to any information or services available from this Site and disclaims all liability arising out of or consequent on:
      • any use of, reliance on, or access by you to, any information or services available from, or through, this Site; and
      • any computer virus which occurs as a result of accessing this Site.
    3. Although the information on this Site has been obtained from and is based upon our records, Knight Frank makes no warranty or representation and assumes no responsibility for the accuracy, performance, suitability, reliability, timeliness, completeness or preservation of any of the information on this Site.
    4. Any information provided through this Site shall not be deemed to supersede or replace reports transmitted by Knight Frank to you.
    5. Knight Frank does not represent that the information or services on this Site, or the server that makes them available, are error-free or virus-free or that your access to this Site will be uninterrupted. You access and use this Site and the information and services available on it at your own risk.
    6. Knight Frank does not guarantee that it will continue to make the information and services on this Site available to you, whether by the same methods currently used or otherwise. You agree not to hold Knight Frank liable for any damages arising from a discontinuation or modification of all or part of this Site or information or services contained on it.
  2. LIABILITY

    1. To the fullest extent permissible by law, Knight Frank excludes all warranties in relation to any information and services on this Site and is not liable to you or any other person for any costs, expenses, loss, damage or liability directly or indirectly suffered by you (including as a result of a claim by a third party) as a result of your operation, use or misuse of this Site, or by your reliance on any information or services available from this Site.
    2. Knight Frank acknowledges that the Competition and Consumer Act 2010 (Cth) and other State or Commonwealth legislation may imply certain conditions and warranties which may not be excluded, limited, restricted or modified by any agreement. Except to the extent that these laws cannot be excluded, Knight Frank limits its liability to the resupply of services (or paying the reasonable costs of having the services resupplied), or the replacement or repair of goods (or payment for the goods to be replaced or repaired).
  3. INDEMNITY

    You agree at all times to indemnify, and keep us indemnified, from and against any loss (including legal costs and expenses) or liability incurred by any of us (directly or indirectly suffered) arising from any claim, demand, suit, action or proceeding by any person against us where such loss or liability arose out of, or in connection with, or in respect of:

    1. your reliance on this Site or the information or services on the Site; and
    2. any breach of this Agreement by you or your employees or agents.
  4. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

    1. You acknowledge that all content on this Site (which includes the information and services) is subject to copyright and other Intellectual Property Rights.
    2. You must not:
      • yourself, or participate in or permit any other person to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, transmit, repost or otherwise use any of the content of this Site in any way for any public or commercial purpose without our prior written consent;
      • reverse engineer any content consisting of software; or
      • infringe the Intellectual Property Rights of any person in using this Site.
    3. Nothing you do on or in relation to this Site will transfer any Intellectual Property Rights to you, or license you to exercise any Intellectual Property Rights, unless this is expressly stated.
    4. You may reproduce any part of the content for your own personal use. However, if you do so, you must acknowledge Knight Frank's copyright in that content, or any other holder of Intellectual Property Rights in that content and retain all markings which indicate the origin of the content.
    5. You must not use the information or services or this Site for any unlawful purpose, and you must comply with any request of Knight Frank or any of its third party providers to protect their respective rights in the information, services and this Site.
  5. PRIVACY AND RECORDING

    In using this Site you agree that we may:

    1. collect Personal Information about you. You authorise us to record, retain, use and disclose this Personal Information in accordance with our Privacy Policy; and
    2. record, retain and use all other information and data that you input.
  6. ACCESS AND PRESENTATION OF SITE

    You acknowledge that we may, in our sole discretion:

    1. vary this Site, services or any other information available on the Site, or any part of them;
    2. modify or discontinue any part of this Site, the services or any other information available on the Site; and
    3. without notice, deactivate all or part of this Site or the services to carry out system maintenance, upgrading, testing or repairs.
  7. USER CODES

    1. You will require a User Name ("Name") and password ("Password") (together, "User Codes") to enter this Site. The User Codes are for your personal use only. You are responsible for the confidentiality of the User Codes, and agree not to provide them to any third party.
    2. You are responsible for all acts or omissions that occur while your User Codes are being used.
    3. Knight Frank is not responsible for any breach of security caused by your failure to maintain the confidentiality of your User Codes. You agree to notify Knight Frank immediately in the event of loss or theft of any or all of your User Codes, or if you believe the confidentiality of any or all of your User Codes has been compromised in any way, or in the event of your learning about a possible or actual unauthorised use of the Site.
    4. Knight Frank reserves the right to revoke your User Codes at any time without prior notice.
  8. HARDWARE AND SOFTWARE NECESSARY TO ACCESS THE SITE

    You agree to be solely responsible for the installation, operation and maintenance of the hardware and software necessary to access this Site.
  9. CONFIDENTIALITY

    Knight Frank will use reasonable precautions to maintain the confidentiality of the information you have provided to Knight Frank and information you have created, input or developed in connection with your use of the Site, but because such information can be accessed through the Internet, you acknowledge and agree that there can be no assurance that this information, or any information provided to you through the Site, will remain secure.
  10. TERMINATION

    Knight Frank may terminate this Agreement and your access to this Site at any time.
  11. GENERAL PROVISIONS

    1. Knight Frank may at any time amend this Agreement and all related attachments, by posting the amended terms or attachments on this Site. By continuing to access the Site after any of the amendments have been posted you agree to be bound by the amended Agreement or other amended terms or attachments as may be applicable.
    2. If any part of this Agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
    3. You may not assign this Agreement or your rights and obligations under it without the written permission of Knight Frank which may be withheld in Knight Frank's absolute discretion. Knight Frank may assign this Agreement or any of its rights or obligations under it to any third party.
    4. This Agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia
  12. DEFINITIONS

    In these terms and conditions:

    • Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world including rights in respect of or in connection with any confidential information, copyright (including future copyright and rights in the nature of or analogous to copyright), moral rights, inventions (including patents), trade marks, service marks, designs and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and all renewals and extensions
    • 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.
    • Site means www.knightfrankfrc.com.au or any other Site Knight Frank authorises you to access for the purposes of the provision of these Activities.
    • We or us means Knight Frank Australia Pty Ltd (ABN 17 004 973 684) of Level 31, 360 Collins Street, Melbourne, Vic, 3000, Australia, including our subsidiaries and our directors, employees and officers and those of our subsidiaries.
    • You or your means you, including your agents, employees and any other party authorised to act on your behalf.