Terms & Conditions Privacy | APBR - All Property Buyers & Renters

APBR – All Property Buyers & Renters

Dated 1st July 2024

Who we are
What we do and why are we different
How to contact us
What information we collect
How we collect your information
How do we protect your information
What happens if we can’t collect your personal information
How we use your information
Who we share your information with and why
10.Your rights in relation to your information
11.Complaints
12. Information transfers outside of Australia
13.Links
14. Our Privacy Collection Statement
15. How we manage updates

This Policy explains how Australian Property Buyers Registry Pty Ltd (ABN 56 648 731 917) trading as “APBR” - All Property Buyers & Renters collects your personal & company information. It also sets out additional information about our company. By accessing our websites, apps or using our services, you consent to the terms of this Privacy Policy, including consent to us collecting, using and disclosing your personal information as set out in this Policy. Please take the time to get to know our privacy practices.

Who we are

APBR is comprised of APBR the websites www.apbr.app & www.apbr.properties and the downloadable mobile app.

APBR is owned by Australian Property Buyers Registry Pty Ltd.

Australian Property Buyers Registry Pty Ltd is bound by the Australian Privacy Principles contained in the Australian Privacy Act 1988 (Cth) (Privacy Act) (subject to exemptions that apply to us under that Act) and any other applicable data protection laws and data retention laws, in particular any data retention required by the Real Estate industry.

Due to the nature of some of our business activities, from time to time, we may handle personal information relying on the exemption in the Privacy Act where appropriate and the Act for the Real Estate industry.

The following entities have their own Privacy Policies & we may use their services in combination with our products:

Property Centerpiece
You should refer to the above Privacy Policies (and not this Policy) for information on how these entities manage the personal information they hold.

What we do

APBR is a property advertising platform for Real Estate professionals to market and showcase property that is for sale and or for lease & a customer management software that enables the Real Estate and the general public to communicate within or from the app and website platform.

We offer data-driven products and services (including our websites and app/s) and are one of several participants in a property marketplace where data about property transactions is collected & shared.

Other participants may include consumers, real estate agents, financial institutions, government entities and other organisations with an interest in the Australian property market & if required legal specialists from time to time.

APBR has been created to market property & manage customer communication, collect & manage data, assist with interaction between real estate agents & the public, monitor interest in properties & areas, and obtain opinions & estimates to assist vendors, landlords and property professionals as well as buyers and renters on their journey & decision making when considering buying or renting a real property in a fast paced & changing marketplace.

People who have inspected a property can leave a rating on various aspect of the property & their opinion on price, which will visible to other such consumers looking at the web site and app.

APBR believes this will assist buyers & renters, owners & landlords to reach a quick, transparently delivered, property specific, market driven decision on price and adjust their budget and or expectations as necessary.

Whilst providing agents with solid & clear data to retain about their marketplace.

How to contact us

Australian Property Buyers Registry Pty Ltd
Level 4 at 75 / 330 Wattle Street , Broadway NSW 2007 by appointment

Email: contact@apbr.properties

What information we collect

What is personal information

In this Policy, the term ‘personal information’ has the meaning given to it in the Privacy Act. In general terms, it is any information that can be used to identify an individual. This may include their name, contact details (including phone numbers and email addresses) areas they are located in by way of a suburb or postcode, social app log in details and insights that we generate about identifiable individuals. If the information we collect personally identifies an individual, or an individual is reasonably identifiable from it, then the information will likely be considered personal information.

Contact details
When you use our products or services, we may collect your contact details which may include your name, email address, telephone number. The type of information we collect will depend on what kind of product or service you are using.

Company & Business details

For Real Estate agencies that wish to sign up with us we collect details about your business such as but not limited to names of employees, business structure, details of directors.

Transaction information
Transaction information includes information about your interactions with us, the products and services you have requested to use from us or which you have enquired about and your use of these products and services, together with any additional information necessary to deliver those products and services to you or to respond to your enquiries.

Financial information
Financial information includes the price or price range you have indicated is of interest to you when using the web app or mobile app or a form of payment if we provide services. These maybe shared with our service providers.

Location information
We may collect information about your location when you use our products and services, such as location information provided by a mobile or other device interacting with one of our websites or apps or associated with your IP address or other device identifier. We may also collect your location by asking for your postcode or suburb.

Property information
We collect information about properties in Australia, which may include property attributes (e.g. number of bedrooms, bathrooms and car spaces), property type (e.g. house or unit), the estimated property value, sale and rent history.

Reviews Feedback and Estimates

When you inspect a property, you may be asked to provide your feedback on property by one or more of the following but not limited to : rating, opinion on estimated price, written feedback. Part or all of this feedback will be visible to the public who view our platforms. All of the feedback with your personal details will be visible to the Real Estate professional and the owner of the property.

At our discretion we may not show reviews or change headings under which you provide your review or feedback.

Activity and cookies
When you visit our websites or use our apps, we or our business partners may collect information about your use of those websites or apps (usage data). We may do this by using cookies and other software. This usage data enables us to provide an improved and more effective and personalised service, keep track of the products and services used, analyse trends, measure transaction and search patterns, administer our website, diagnose problems, test and improve the quality of our products and services, gather broad demographic information and enable targeted online advertising.

You can manage the use of cookies on your computer or mobile device. If you do not wish to receive cookies you can set your browser so that your computer or device does not accept them.  Please note that blocking cookies may affect browsing experience and result in our services not operating as efficiently or effectively as they could.

Alternately if at any time you do not wish to use our products – please don't.

Profile information and insights
We collect profile information which includes:

information relating to you that you provide to us directly through your use of our products or services;
information you provide to us through our service centre, customer surveys or visits by our representatives from time to time; and
information or insights that we generate about you based on the use of our products or services (e.g. whether you are a renter or buyer).
If you are a Real Estate professional by way of using our platform, we will collect information on you such as your employer & contact details

Metadata
You may use APBR websites and app without providing any personal information. In this case, we may / will collect metadata that results from your usage of our website including browser type and version, operating system and interface, website from which you are visiting us (referrer URL), webpage(s) you are visiting on our website, date and time of accessing our website and internet protocol (IP) address. We use this data to improve the quality and services of our website and services by analysing the usage behaviour of our users in anonymised form and to prevent fraud, misuse of our IT systems, as well as to ensure physical, IT and network security.

We may also use the metadata for other purposes, including to personalise online advertising or other marketing from us or third parties.

How we collect your information

Directly from you

We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including:

when you contact or request information from us including via our websites, apps, online forms, surveys and emails;
through your conversations with our staff and our representatives;
when you complete an application or make a listing enquiry; and/or
when you write to us including via hard copy forms.

Indirectly from others

We may also collect personal information from third parties including:

from any joint applicants, co-applicants as part of acquiring any of our products or services;
from your representatives, e.g. solicitors, conveyancers, builders, employers, agents;
our service providers;
our existing or potential customers or clients, which may include real estate agents, financial institutions (such as banks) and/or other business partners;
credit reporting bodies;
law enforcement agencies and other government entities;
from the organisations and entities identified under the “Who we share your information with and why” section below, including our related entities;
from publicly available sources of information;
advertisers;
recruitment agencies;
contractors and business partners;
through someone else who has provided us with your information (e.g. a real estate agent or a bank); and/or
when we are legally required to do so.

You may need to provide personal information about other individuals to us, for example, personal information about joint applicants, co-applicants, your authorised representatives, employees, or your accountant or solicitor’s contact details. If so, we rely on you to inform those individuals that you are providing their personal information to us, to ensure they agree to their information being provided to us, and to advise them of this Privacy Policy.

From your use of our products and services

We collect information about you when you use our products and services.  For example, we may collect usage analytics about when and how you use our products and services.

We may also generate and collect insights about you based on your use of our products and services.

When checking in at properties that you have visited your details will be retained by the Real Estate Agency.

How Do We Protect Your Information

We use reasonable measures to safeguard the personal information we hold about you from loss, theft and unauthorised use, disclosure or modification, including:

System security We take reasonable steps to prevent unauthorised access to our online and computerised systems by using measures such as firewalls, data encryption, virus detection methods, and password restricted access. Or other systems provided by our service providers at various times.

Third parties

We take reasonable steps to ensure that third parties who store, provide services to us with the function of the websites and the app/s or assist us to store your personal information, adopt appropriate security measures.

What happens if we can’t collect your personal information

The provision of your personal information may be necessary to use our products and services. If you choose not to provide personal information as described in this Privacy Policy, some or all of the following may happen:

we may not be able to provide you with the products or services you requested, either to the same standard, or at all
we may not be able to continue our sales or other business relationship with you;
we may not be able to provide you with information about products and services that you may want, including information about properties, discounts, sales or special promotions; or
we may be unable to tailor the content of our network to your preferences and your experience of our network may not be as enjoyable or useful.

How we use your information

To provide our products and services

Your information is collected and used by us:

to provide products and services to you and deliver the best possible customer experience (such as by gaining an understanding of your needs, providing properties for sale or for lease, showcasing your properties to potential customers);
to provide you with information, updates, promotions, about our existing and new products and services, including for marketing (see the “For marketing” section below);
to communicate with you, including but not limited to, by email, SMS, or app notifications;
to manage and enhance our products and services (such as for research and development);
to personalise and customise your experience;
to provide you with access to protected areas of our websites;
to conduct competitions or promotions, including for or on behalf of third parties;
to verify your identity;
to assist you to gain approval or provision of a product or service, including to assess applications for your suitability of our products and services;
to conduct business processing functions for operation of our websites, our apps or our business;
to manage our sales or other business relationships with you;
for our administrative, promotional, planning, product/service development, quality control and research purposes, or those of our contractors, external service providers or business partners;
to provide your updated personal information to us, our contractors, external service providers or business partners, such as real estate agents;
to administer and manage services relating to payment, including to recover any amounts you may owe to us;
to provide your feedback to agents & vendors & other interested parties on properties that you have visited, including part or all of your feedback & name to the general public, who are using the “APBR” websites & app/s or related app or website
to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
as otherwise required or permitted by law (including the Privacy Act).

For marketing

We may collect use and disclose your personal information for marketing purposes, including to send you marketing communications about our product and services and the products and services of our business partners that you may be interested in, such as new property listings or property related updates or information. We may do this through, SMS, social media, email, app notifications and advertising through our apps, websites or third-party websites.

You can contact us at any time to opt-out from receiving direct marketing, communications by following the unsubscribe instructions in the relevant communication, by updating your personal details on your account profile or changing the notification settings on your device.

If you receive communications from Real Estate Agents direct you will need to follow the unsubscribe option within their content if you do not wish to receive further communication from them.

Your personal information will not be shared or disclosed other than as described in this Privacy Policy or permitted by law.

To develop insights

We use your information to develop insights about an individual, which we may provide to third parties or to use internally in our business.  Such as your feedback on various properties & property & suburb preferences.

We may also aggregate your information with the information of other people to create statistical or other business data and insights.

Who we share your information with and why

We may disclose your personal information to third parties while operating our business and for one or more of the above purposes or related purposes. These parties include:

joint applicants, co-applicants or guarantors as part of acquiring any of our products or services;
your representatives, e.g. real estate agents;
our employees, related bodies corporate, business partnerships and joint venture entities;
our external service providers including without limitation web hosting providers, third party marketing platforms, advertisers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, app & website managers & developers & functionality providers, professional advisers such as accountants, solicitors, consultants;
our existing or potential customers or clients, which include real estate agents,
our sponsors, or promoters of any competition that we conduct or promote via our services;
specific third parties authorised by you to receive information held by us;
the police, any relevant government authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of our Conditions of Use, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; and
as otherwise required or permitted by law (including the Privacy Act).
Your details maybe shared with owners or their representatives of the of properties that you have shown an interest in, provided feedback on or enquired about. This will be done to provide the owners of market conditions and trends and to help them achieve a sale or lease of their property, to assist the owners with adjusting the price on their property or their expectations of a market price, to assist the real Estate agents & property owners with understand direct market feedback.
Your personal details such as your first name will be shared with other members of the public, who view the APBR websites & app/s, when they view your feedback. This will be done to establish that the feedback is authentic and to provide genuine market feedback to assist other potential buyers and renters to understand up to date market conditions, trends & property specific public feedback.
If you are a Real Estate professional your details will be shared with the general public

Your rights in relation to your information

Accessing your personal information

You may request details, as to the personal information we hold about you by contacting us (see “How to contact us”). We will respond to your request within a reasonable period. We will provide the details in the manner you have requested if it is reasonable to do so. We will not charge for you simply making a request and will not charge to correct or update your personal information. However, depending on the nature and scope of the personal information you have requested, we may charge you a reasonable fee to provide access to this information. If you make an access request, we may ask you to verify your identity. There may be instances where, for legal reasons, we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

Correcting your personal information

The accuracy of that information depends on the information provided to us. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. We will also give you written reasons for any refusal.

Members of our websites, app/s and Real Estate business that use APBR services, may be able to access and update their details online. We request that you keep your information current.

If you are looking to change personal details on historic data, such as property reviews, chats or check – ins, that will not be possible in most cases.

Deleting your personal information & or account, Data Retention

You can delete your account from the mobile app & the website.

However, even after you delete your account with us, historical activity cannot be deleted.

We will retain your information that we hold, for as long as we reasonably need it for the purposes outlined in this Privacy Policy. We may also retain your information if required or allowed to by law, regulation or relevant standards and codes of conduct, or to fulfil our contractual obligations to a third party, to provide services to Real Estate professionals in regard to keeping of property activity related data.

As on or through the app/s and or websites you may have submitted offers for property, submitted details for applications for property, requested contracts, provided property feedback, attended private homes, engaged in negotiations, or interacted with Real Estate agencies or their representatives that contributed to price adjustment to a property and these cannot be deleted or in most cases accessed by us after submission.

Deleting or editing feedback on property, check ins, communication & submissions to Real Estate agents and or agencies

Any ratings, reviews, opinions on price estimates, feedback that is property specific cannot be delete or edit once submitted. If you delete your account, your feedback with your first name will still show on the property.

Once you have checked in / been registered as having attended a property or been registered by the Real Estate agent your details cannot be edited or deleted from that interaction and will be retained by the Real Estate Agency & APBR.

In certain circumstances, including where we are prevented by technical or systems constraints, we may not be able to remove all of your personal information.

If you share your information with a social media service (including by posting information to that service), this information may not be removed even after you cancel your account. If you delete your account with us, your account information may still be accessible by others because of the way that your information is stored on the internet.

We destroy or de-identify personal information in a secure manner when we no longer need it.

However, under Australian law we are not required to delete personal information on specific request.

In some circumstances, we are legally required to retain certain personal information where it forms part of a business record (for certain periods of time) or if we believe the information may become relevant to current or future legal proceedings.

Such as but not limited to Real Estate Property transactions, enquiries’, inspections, reviews, offers or bids, property inspections.

We are also entitled to retain personal information for various reasons including to prevent fraud or resolve a dispute, to use the personal information for the purposes for which it was initially collected or for other reasonably related or reasonably expected business purposes (such as those referenced in this Privacy Policy). If you send us a request to delete personal information we have collected about you we may not be able to do so whether for business, technical or other reasons.

You may send these requests to contact@apbr.properties and provide as much detail as possible about your relationship with us

Complaints

If you wish to get in touch with us – please do so on: contact@apbr.properties

Once the complaint is received, we will commence an investigation . The investigation will endeavour to determine the nature of the breach and how it occurred.

We may contact you during the process to seek further clarification if necessary. If a breach is found, we will work so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.

If you are not satisfied with the outcome of your complaint or if you feel your privacy has been breached, you may contact the Office of the Australian Information Commissioner at either www.oaic.gov.au or by calling 1300 363 992.

Information transfers outside of Australia

We may disclose your personal information to entities located overseas for some or all of the purposes listed above. This may include disclosure to the following entities:

our related bodies corporate, partnerships and joint venture entities;
our data hosting and Cloud-based IT service providers; and
other external service providers including those located in, Nepal and US or other areas where we obtain services from.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information. These overseas recipients may be required to disclose information we disclose to them under a foreign law. In those instances, we will not be responsible for that disclosure.

Links

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Our Privacy Collection Statement

Under the Privacy Act, we are required to make you aware of certain matters. This Privacy Policy is our Privacy Collection Statement, as it addresses:

our identity and contact details;
the facts and circumstances, and the purposes, of collection of personal information;
the consequences for you if personal information is not collected;
other entities, bodies or persons to which personal information is usually disclosed;
information about access and correction of, and how you may complain about the way we handle, your personal information; and
likely cross-border disclosures of personal information.

In some cases, we may display a Privacy Collection Statement at the point of collection. In that case, the Privacy Collection Statement that appears at the point of collection should be read together with this Privacy Policy.

How we manage updates

This Privacy Policy may be updated from time to time. All personal information held by us will be governed by the most recent updated Privacy Policy. Any updated versions of this Privacy Policy will be posted on our website.

APBR – All Property Buyers & Renters

Terms & Conditions of Use

Dated 01st July 2024

Membership & Username

Your Conduct

Publishing

Notifying Us

Intellectual Property & Trademarks

Third party websites, Advertising, Linking & Activities

Video Player

Disclaimer

Limitation of Liability

Indemnity

Severability

No Waiver

Affirmation Regarding of Age

Applicable Law

Definition

Tracking

Google Maps

Terms & Conditions of Use

These Terms & Conditions together with APBRs’ Privacy Policy and are for Australian Property Buyers Registry Pty LTD ( ABN 56 648 731 917) trading as “APBR” - All Property Buyers & Renters. By accessing our websites, apps or using our services, you acknowledge you have read & accept the Terms & Conditions as set out in this document.

These include but are not limited to www.apbr.properties www.apbr.app

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the APBR site/s. Your subsequent or continued use of the APBR websites and or app/s will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the APBR websites or app/s.

APBR – All Property Buyers & Renters websites and apps referred to as APBR Network

While we use reasonable endeavours to ensure that the APBR Network (of digital media assets and platforms operated or controlled by APBR) is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the APBR Network may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the APBR Network at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on the APBR Network at any time without providing notice to you.

Membership & Username

To access or use certain parts of the APBR Network, you must register as a member of the APBR Network and/or a particular website and or download the app that forms part of the APBR Network. Generally, registration is free if you are a member of the public.

However, if you are a Real Estate Agency or Agent payment is required to use the services on offer to Real Estate Professionals unless otherwise advised.

You can do this by logging in through third party accounts, such as your Facebook or Google account or manually inserting your details. If you log in through your third party account, you grant us the right to access and use the details on such account. When registering as a member, you must create a username and password and provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information in accordance with our Privacy Policy.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than yourself.

We may at any time request a form of identification to verify your identity.

You must not register or sign up if you are not 18 years or over.

If you are a APBR subscriber, you must select a Username and password and you agree (i) to provide APBR with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of this agreement, which may result in immediate termination of your right to access this website.

You may not select a Username that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. APBR reserves the right to reject any Username in our sole discretion.

You agree not to sell or transfer your use of or access to this website or permit anyone else whose account was suspended or terminated to use this website through your Username or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify MongoDB of any unauthorized use of your account or any other breach of security. MongoDB will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.

You must ensure the security and confidentiality of your membership details, including your username and password. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card that you have provided to us). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the APBR Network, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your Conduct

You must not:

(a) use the APBR Network in breach of any applicable laws or regulations;

(b) use the APBR Network (or Material obtained from the APBR Network):

to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
to impersonate any person or entity;
to solicit money, passwords or personal information from any person;
to harm, abuse, harass, stalk, threaten or otherwise offend others; or
for any unlawful purpose;

(c) use the APBR Network to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person, unless authorised to be used or was specifically provided for the use of promoting a property that you are selling or leasing & have authority to promote;
contains, promotes, or provides information about unlawful activities or conduct;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
exploits another person in any manner;
contains nudity, excessive violence, or sexual acts or references;
includes an image or personal information of another person or persons unless you have their consent;
poses or creates a privacy or security risk to any person;
you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content;
contains restricted or password only access pages, or hidden content;
contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on the APBR Network;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the APBR Network;

(f) use the APBR Network with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of the APBR Network without our prior written authorisation;

(h) use code or other devices containing any reference to the APBR Network to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the APBR Network or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on the APBR Network.

If you believe that the above has been breached or you have concerns you can Report it.

Publishing

By uploading, transmitting, posting, publishing or otherwise making available any Material via the APBR Network, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material in any form and for any purpose (for example but not limited to promoting on social media sites);

(b) except where expressly stated otherwise, also grant each user of the APBR Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit, communicate and otherwise deal with the Material in any form for any purpose, subject to the Conditions;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

By uploading, transmitting, posting, publishing or otherwise making available on APBR websites and or apps you acknowledge that you have authority to do so and that the content you have published is correct to the best of your knowledge. That you have not falsified any of the information and have obtained it legally. As a Real Estate professional should you become aware of any changes, omissions or corrections to the published information you will make such updates in a reasonable period, this includes if a property has been Sold or Leased, you will update the property.

We reserve the right (but have no obligation) to:

review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
monitor use of the APBR Network, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the APBR Network by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the APBR Network simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying Us

If you think that the APBR Network has been accessed or used by another user in breach of the Conditions, please email us at contact@apbr.properties We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to contact@apbr.properties

Intellectual Property & Trademarks

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the APBR Network.

The APBR Network contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the APBR Network for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and or within the downloaded application (app) a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of APBR.

In particular, you may not use any Material on the APBR Network to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on the APBR Network should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the APBR Network without the express written consent of the relevant owner.

Third party websites, Advertising, Linking & Activities

We may feature or display links and pointers to websites operated by third parties on the APBR Network. Such websites do not form part of the APBR Network and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the APBR Network entirely at your own risk.

You must not link to the APBR Network from any other website (or otherwise authorise any other person to link from a third party website to the APBR Network) without our prior written consent.

The APBR Network may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the APBR Network, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the APBR Network may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email at contact@apbr.properties

Video Player

We may allow you to share or embed some of the content in our Video Player on third party sites. Such content may not be used for commercial purposes except with our prior written consent, and content may only be shared or embedded in accordance with the functionality of the Video Player. No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions, and We reserves all rights in relation to the content and the Video Player, including the right to require users of the Video Player to remove shared or embedded content for any reason in our absolute discretion. Users of the Video Player must comply with any request to remove content in a timely way, but in any case within one business day of the request being made. Users must display contact information on their website sufficient to allow us to make contact and request player removal. We do not make any warranty, representation or guarantee as to availability or any level of service and may disable the Video Player without notice.

Disclaimer

You use the APBR Network websites, apps, applications, platforms at your sole risk.

Except where expressly stated otherwise, Material on the APBR Network is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on the APBR Network will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

You must take your own precautions to ensure your access to the APBR Network does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the APBR Network, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the APBR Network in any circumstance.

Limitation of liability

You use the APBR Network websites, apps, applications, platforms at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the APBR Network that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied;

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the APBR Network, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the APBR Network.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the APBR Network, including any breach by you of the Conditions.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the APBR Network, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable Law

These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

“Conditions” means these terms and conditions, together with our Privacy Policy and any additional terms, conditions, notices, and disclaimers displayed elsewhere on the APBR Network.

“APBR Network” means all of the websites and apps that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of APBR Network, visit www.apbr.app

“Material” means text, illustrations, photos, audio, video, any combination of these or other material.

“APBR”, “Us”, “we” or “our” means Australian Property Buyers Registry Pty Ltd (ABN 56 648 731 917 ) and/or its related bodies corporate.

Google Maps

The Google Maps service is made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you also agree to be bound by the Google Maps terms and conditions available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html.