Disclaimer
Online terms and conditions, privacy, acceptable use policies and disclaimers
The Number1Agents.com.au website is owned and operated by MG Online Publications Pty Ltd ACN 104 300 870 (“MG Online”).
These terms and conditions together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Number1Agents website apply to any booking and form the conditions of supply of material on, use of and access to the website.
Your use of the service, information text, graphics and materials provided via or on the website is governed by these terms and conditions and by our privacy policy. Your continued use of Number1Agents.com.au constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these terms and conditions and any modifications.
The information on this website is supplied by agents and other related service providers. While we use our best endeavours to ensure that all information provided on this website is accurate, we cannot and do not guarantee or warrant that all information is comprehensive and error free, nor can we be held responsible for interruptions or non delivery of information.
You represent that you are of sufficient legal age to use the website and to become legally bound to any liability you may incur as a result of the use of the website. You understand that you are financially responsible for all uses of this site by you.
Changes to these Terms and Conditions
MG Online reserves the right to at any time change, amend or modify all or any part of these terms and conditions by posting the changes on this website. You agree to be bound by such changes.
Qualifications required by real estate agents to advertise on Number1Agents
MG Online allows real estate agents who have achieved a minimum standard of sales results to advertise on the site. The minimum achievement criteria is published on the Number1Agents site under the “How Agents Qualify” tab and may be updated from time to time. MG Online requires that any real estate agent who advertises on Number1Agents.com.au makes a declaration that they have satisfied at least one of the criteria specified on the “How Agents Qualify” page.
Accuracy of Information
MG Online takes all reasonable care to ensure that the content of this site is correct. However all information is subject to change at any time without notice. MG Online publishes all information in good faith. As a user of this website you acknowledge that MG Online cannot check the accuracy of all information provided by a real estate agent or other service provider. You acknowledge that you should use your own judgment of the accuracy and completeness of any information, opinion, recommendation or other content accessed through this site.
Number1Agents.com.au is an advertising site, not an information site and as such not all real estate agents who qualify necessarily advertise on Number1Agents.com.au.
Applicable Law
These terms and conditions and any additional terms and conditions which govern your use or membership of and access to Number1Agents.com.au are governed by and construed in accordance with the laws of the state of New South Wales and you agree to submit to jurisdiction of the courts exercising jurisdiction in that State.
Copyright
The text and illustrations (including photographs) and other material provided on Number1Agents.com.au are copyright protected. You may use this material only for your own personal reference and for the purposes of making enquiries or bookings. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of MG Online.
You may not use any part of the material on Number1Agents.com.au to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
By placing material on this website, you give us a licence to use that material, including altering it in any way, allowing us to use it as we see fit in any media anywhere in the world for the promotion of or information about our site, our business or software, and you agree not to make a claim against us for breach of copyright or other intellectual property in that material.
Links
The information contained on this web site is for general information purposes only. This website may contain links to third party websites. MG Online does not sponsor or endorse the operators or content of any linked website. Subject to any applicable law which cannot be excluded, MG Online makes no representations or warranties and excludes all liability in relation to any material of any other web site referred to or accessed by a link on this website. Following a link to other sites is at your own risk and MG Online accepts no responsibility for any harmful code that may be introduced into your system pursuant to your use of this web site.
Privacy Policy
Your privacy is important to MG Online, Please read our privacy policy.
MG Online treats the personal information of users of our site with respect and confidentiality, and takes all reasonable steps to ensure that users' personal information is stored securely and accurately. You may, at any time, access and change any of your personal information that we hold.
By submitting your personal information you agree that we may retain and use your personal information for the purpose of promoting and informing you of our other products or services which may interest you. You may notify us at any time that you no longer wish to receive marketing or promotional material by emailing us at info@number1agents.com.au with UNSUBSCRIBE in the subject line, and you will be removed from all of our email lists. No further communications will be forwarded to you, but your personal information may continue to be retained by us and used for internal administrative and statistical purposes as permitted by law.
Warranty Disclaimer
All material on Number1Agents.com.au is provided in good faith.
Your use of Number1Agents.com.au is at your sole risk.
Information relating to the agents and services on Number1Agents.com.au is provided by the agent or service provider, and none of MG Online, its directors or employees make any representation or warranty that:
(i) any material on Number1Agents will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or
(ii) your access to Number1Agents.com.au will be uninterrupted, timely or secure.
MG Online takes reasonable care to transcribe agents’ and service providers’ material into an online format. However, we reserve the right to edit or condense material in any way we see fit and you agree not to make a claim against us for any change we make, including in respect of any negligence by us in transcribing or condensing such material.
You should rely on your own inquiries and satisfy yourself as to the accuracy of the material prior to making any decisions or entering into any agreement with a real estate agent or other service provider.
If we become aware of any errors or inaccuracies, we will carry out verification checks to determine the accuracy or otherwise of the information. If information is determined to be inaccurate following our investigation, we will remove the material in question. However, any checks performed by us do not provide you with any guarantee as to the accuracy of the material on Number1Agents.com.au. We reserve the right to edit or remove any material uploaded to or on our site at any time at our absolute discretion.
Limitation of Liability
MG Online is not liable for any inconvenience caused or expense incurred by use of the information provided on this site.
MG Online does not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified.
MG Online, to the maximum extent permitted by law, disclaims all liability for any errors, unauthorized access to your personal information or inaccuracies in information supplied by third parties.
MG Online under no circumstances will be liable for direct, indirect, consequential or incidental damages, including but not limited to lost profits or savings or damages.
Under no circumstances does the inclusion of a service provider on this site indicate that MG Online endorses or recommends that provider.
You expressly agree and understand that in no circumstances will MG Online be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission) which result from:
(i) the use of or access to or any inability to use or access Number1Agents.com.au or any material on Number1Agents.com.au;
(ii) unauthorised access to or alterations of your transmissions or data; or
(iii) statements or conduct of any third party on Number1Agents.com.au. Excluding liability for negligence, the maximum liability of MG Online is equivalent to the total of any amounts you have paid to MG Online and/or its related bodies corporate in respect of goods or services supplied to you by MG Online or its related bodies corporate.
In no circumstances will MG Online be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising which result from any material or service listed on Number1Agents.com.au by any real estate agent or other service providers, nor from the conduct of any real estate agent or other service provider in relation to the service in question.
Website
MG Online will not be liable for loss resulting from any action or decision by you in reliance on the information on Number1Agents.com.au, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
As electronic services are subject to interruption and breakdown, access to the website is offered on an "as is" and "as available" basis only.
You are responsible for ensuring that you have alternative contingency plans in place when the website is unavailable
MG Online may impose limits or restrictions on the use you may make of the website. MG Online may withdraw the website at any time and without notice to you.
You must not:
(i) use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the website, or any of the content contained within, without MG Online’s express written permission;
(ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
(iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website; or
(iv) reverse engineer, reverse assemble or otherwise attempt to discover the source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the website.
Your Conduct
As a condition of your use of the Number1Agents.com.au website or any services you warrant to MG Online that you will not use Number1Agents.com.au for any purpose that is unlawful or prohibited by these terms and conditions or any other terms, conditions or notices appearing anywhere on the website. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
(i) use Number1Agents.com.au to defame, abuse, harass, stalk, threaten or otherwise offend others;
(ii) publish, distribute, e-mail, transmit or disseminate any material which is false or misleading, unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(iii) use any automated scripting tools or software;
(iv) damage or block the site or prevent it from functioning;
(v) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Number1Agents.com.au;
(vi) impersonate any person or entity;
(vii) upload, post, e-mail, transmit or otherwise make available using Number1Agents.com.au material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
(viii) breach any applicable laws or regulations.
MG Online retains the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Online Security
We take your online security very seriously. As such, we have prepared the following guidelines and information
to help you enjoy trouble free browsing when visiting our site or interacting with our email messages:
- be sure to double check the website address at the top of your browser;
- be wary of opportunities that seem 'too good to be true' when interacting with our site;
- report any suspicious activity to us immediately;
- keep your computer up to date with anti-virus, firewall software and the latest patches;
- disregard and delete spam, chain and junk emails.
If you are concerned about online security in general, please visit one of the following useful websites for more detailed information on how you can protect yourself.
www.afp.gov.au/policing/e-crime.aspx
Provision of Material for Use
These terms apply to any material submitted by you to MG Online for posting on the Number1Agents.com.au website.
You agree that by submitting any material to MG Online:
(i) you grant MG Online a worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form or on any medium and for any purpose, including posting the material on any third party website or publication, using the material in any promotions and marketing, and sub-licensing the material;
(ii) you warrant that you own all rights, including intellectual property rights, in the material;
(iii) you have the authority to grant this licence to MG Online;
(iv) you warrant that the material does not breach any laws, including defamation laws;
(v) so far as you are able, you unconditionally waive all moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of the material. Further, you unconditionally consent to any act or omission by MG Online in relation to the material which may otherwise be an infringement of your moral rights; and
(vi) the material does not contain anything that is obscene, pornographic or in breach of any law or regulation.
You agree to indemnify MG Online for any loss or damage arising as a result of your breach of these terms.
Definitions
Material: means text, graphics, photos, other media and/or other information you provide for the purposes of advertising a service or real estate agent on the Number1Agents.com.au website;
Negligence: wherever used includes our negligence as well as the deliberate or negligent acts of others;
Sites: means all websites, Internet access portals, URLs capable of being accessed by a browser, including WAP and other formats operated and maintained by MG Online ;
Us, we, our: means MG Online Pty Ltd ACN 104 300 870.
