Website Terms and Conditions of Use
By accessing or otherwise using the RUN Website, you agree to
be bound by these conditions of use. You acknowledge that RUN
provides access to the RUN Website to you subject to these conditions
of use.
General
The RUN Website is a service provided by RUN for the following
purposes:
By accessing or otherwise using the RUN Website, you agree to
be bound by these conditions of use. You acknowledge that RUN
provides the RUN Website to you subject to these conditions of
use.
RUN is entitled, at its sole discretion, to amend, add or remove
any part of these conditions of use at any time without notice.
You should periodically read these conditions of use. Your continued
use of the RUN Website after this time constitutes an agreement
by you to abide by and be bound by these conditions of use, as
so amended.
Intellectual Property
Unless indicated otherwise, all intellectual property in the RUN
Website is owned or licensed by RUN (RUN Website IPR). Subject
to these conditions of use, RUN grants to you a non-exclusive
and non-transferable limited licence to:
-
view, download and use information directly
accessible through the RUN Website; and
-
use the RUN Website IPR for the purpose of
online personal property management only.
You agree that, subject to your use of the RUN Website in accordance
with the limited licence granted to you, you will not infringe
RUN's intellectual property in the RUN Website and will not modify,
copy, republish, frame, distribute or communicate any part of
the RUN Website or any information contained therein or otherwise
use the RUN Website in a way which will infringe RUN's intellectual
property or other rights.
Disclaimer
Except as provided by law, the RUN Website is provided "as
is" and without any warranty or condition, expressed or implied.
RUN does not warrant that the information contained in or accessible
through the RUN Website is accurate, suitable for your purposes
or without errors, omissions or viruses. RUN does not guarantee
continuous, uninterrupted or secure access to the RUN Website.
You acknowledge that access and use of the RUN Website (including
the software operating in connection with the RUN Website) may
be interfered with by numerous factors outside of RUN's control.
RUN does not warrant the accuracy of any advice, opinion, statement,
representation or other information displayed on or accessible
through the RUN Website.
Subject to the provisions of the Trade Practices Act 1974, RUN
makes no representations or warranties in respect of the information
and materials available on the RUN Website or the means of accessing
that information and material (including the software operating
in connection with the RUN Website). RUN makes no warranty or
representation and accepts no responsibility for any websites
operated or controlled by entities other than RUN which are or
may become linked or framed to or from the RUN Website.
Use of Information
If you upload or otherwise provide any information or content
(Content) in the course of accessing or using the RUN Website,
you agree that such Content will be available to RUN to use in
any manner it thinks fit, subject to applicable provisions of
any legislation including, without limitation, privacy legislation.
You agree that you will not upload or otherwise provide any Content
which:
-
is defamatory, fraudulent, unlawful, threatening,
intimidating, harassing, harmful, hateful, abusive, tortious,
vulgar, obscene, invasive of another's privacy, sexist, racist,
homophobic, violent, degrading;
-
infringes the intellectual or other proprietary
interests of third parties;
-
impersonates another person or entity, attempts
to solicit personal information from another user, contains
sexually explicit language or images, advertises or promotes
the sale of products or services such as firearms, tobacco or
alcohol, adult products and services and any other products
or services RUN considers to be inappropriate;
-
contains spam, chain letters, pyramid and
other such selling and marketing schemes, computer viruses,
computer code, files or programs or other harmful components
that are designed to interrupt, destroy, change or limit the
functionality of the RUN Website or any other computer software,
hardware or other electronic equipment, information which in
any way impinges on another user's use or enjoyment of the RUN
Website or otherwise breaches or encourages other users to breach
these terms of use;
-
violates any law, statute or regulation;
-
forges information to disguise the origin
of any Content; and
-
encourages or incites any other Customer
to engage in any of the above behaviour.
You agree to grant RUN a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to exercise the copyright you
have in any Content, in all media now known or not currently known.
You also agree to waive any moral rights or similar rights you may
have or may acquire in the future in that Content in RUN's favour.
Privacy
You agree to comply with RUN's privacy policy, guidelines and statements
as may be applicable from time to time.
Security
Access to your online personal property management service is password
protected. Either memorise your password or store your password
in a safe and secure place. Do not disclose your password to anyone
unless you wish to allow them to access your online personal property
management service and information relating to your property portfolio,
including revenue per property, photos and addresses.
Limitation of Liability
You agree that RUN is not liable to you or anyone else for any loss
or damage (including, without limitation, any direct, indirect,
special or consequential loss) arising out of, or in connection,
with:
- the use of the RUN Website;
- the use by RUN of information provided by you to RUN through
the RUN Website;
- being unable to access the RUN Website for whatever reason and
however arising, including (without limitation) negligence; and
- the use of your RUN Website password by you or any third party
whom you have made the password available.
To the extent that RUN is able to limit the remedies available
under these conditions of use, RUN expressly limits its liability
for breach of a condition or warranty implied by virtue of any legislation
to the following remedies (the choice of which is to be at RUN's
sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the repayment of the costs of replacing the goods or of acquiring
equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You indemnify RUN against any action, liability, claim, loss, damage,
proceeding, expense (including legal costs) suffered or incurred
by us, arising from, or which is directly or indirectly, related
to:
- your breach or non-observance of any term of these conditions
of use; or
- any breach or inaccuracy in any representations or warranties
made to RUN.
Links
You must not establish links on any other website to the RUN Website
or any other part or parts of the RUN Website without the prior
written consent of RUN.
Alternation
RUN may alter any of the content on this website at any time.
Breach and termination
If you breach any provision of these terms of use, RUN may immediately
issue a warning, temporarily suspend or permanently prevent your
access to all or certain parts of the RUN Website. In any event,
RUN may terminate these terms of use (and your right to use the
RUN Website) at any time and for any reason without prior notice
to you.
Choice of Law and Use of RUN Website
These conditions of use, and the agreement of which they form part,
is to be governed by the laws of the State of Victoria, Australia.
RUN has designed the RUN Website for use only within the Commonwealth
of Australia and makes no warranties or representations with regard
to use by persons accessing, downloading or otherwise using the
RUN Website outside the Commonwealth of Australia. The RUN Website
is available only to people in Australia who can form legally binding
contracts under applicable law.
No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created between you and RUN by these
terms of use.
Defined Terms
Customer or you: means existing or potential customers of
RUN or persons accessing or otherwise using the RUN Website.
RUN or us: means [RUN Property Pty Ltd] ACN 100 949 166.
RUN Website: means the website accessible through the address:
www.RUN.com.au and operated by RUN.
www.RUN.com.au Level 1, 107 High Street, Prahran, VIC 3181
Director and Licensed Estate Agent: Sam Herszberg ABN: 68
100 949 166
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