Website Terms of Use

1

Website Terms of Use

1.1

References to “REEF” in these Terms of Use includes Real Estate Employers Federation ABN 45 886 190 723, and any related entities (as defined pursuant to the Corporations Act 2001 (Cth)).

1.2

The website https://www.reef.org.au/ provides information about the Real Estate Employers’ Federation (REEF) and its products and services, together with general information about workplace relations as it applies to real estate practice. The information contained on this website is of a general nature and is not intended as professional or legal advice to users.

1.3

Access and use of this website is subject to these Terms of Use (Terms). By accessing or using this website, you agree to be bound by these Terms (as amended from time to time) which constitute a contract between you and REEF.

1.4

Please read these Terms and all policies including the Privacy Policy carefully before using the REEF website. These policies are incorporated into these Terms by reference.

1.5

REEF may amend these Terms without notice and you should regularly check these Terms so that you are aware of any amendments. Such amendments will be effective immediately upon publication on the website. Use of this website after any amendments constitutes your acceptance of the Terms as amended.

1.6

This version of the Terms was last updated on 15 February 2022.

2

Members' access

2.1

Access to member-only section of the website is restricted to financial members of REEF and other persons authorised by REEF.

2.2

REEF reserves the right to vary the services available to members via the website or to suspend a member’s access to the members areas of the website at any time. REEF may restrict access by a member if the member misuses the access, does not protect the confidentiality of their login and password or an unauthorised person uses the login or password.

3

Use of Information and materials

3.1

The information and materials contained in this website (including in the member-only section of the website), the descriptions that appear and the Terms, are subject to change at any time. Changes to the Terms will be posted at this page. Unauthorised use of this website or misuse of any information posted on the website is strictly prohibited.

3.2

In accessing the member-only section of the website, must be an authorised person whose details are provided to set up an account. You must maintain the confidentiality of your password and account details and are responsible for all activities that occur with your account.

3.3

You must not upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable, as reasonably determined by REEF and must not upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations or use this website for any illegal, fraudulent or inappropriate purpose. You must not construct your own system to access the information on the REEF website.

3.4

REEF may at any time and for any reason terminate any services offered through this website (whether to you specifically or generally) or suspend or terminate your member account. On termination, your member account will be disabled, you will have no access to and no right to use the services, and you will not be granted access to your account, or any files, or other content contained in your account although residual copies of information may remain in our system.

4

Intellectual property

4.1

This website contains copyright material and trademarks owned or licensed by REEF or provided by third parties for use on this website which are protected by intellectual property laws in Australia. All rights are reserved by REEF, its licensors and other relevant parties. The material on this site may be used for personal use only and must not be otherwise used without the prior written consent of REEF.

4.2

You must not publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content published on this website.

5

Privacy

5.1

The privacy policy for the website sets out how your information will be used and disclosed. The privacy policy can be accessed here: https://www.reef.org.au/privacy-policy

5.2

By using this website, you consent to the use of your information as set out in the privacy policy as may be updated from time to time.

5.3

You also agree that REEF may monitor, edit or disclose your personal information if required to do so in order to comply with any valid legal process or governmental request, or as otherwise provided in the privacy policy.

6

Third party material and links to third party websites

6.1

Third party material on this website is not maintained or verified by REEF and you should independently check its accuracy, currency, completeness and relevance prior to using it. Views or recommendations in third party material do not necessarily reflect the views of REEF and the inclusion of such views or recommendations on this website does not indicate an endorsement of those views or recommendations by REEF.

6.2

Links to other websites or third parties’ details are for convenience only and may assist persons in relation to real estate practice. These links are provided on the understanding that REEF does not endorse those websites or third parties or any associated organisation, product or service. You should make your own enquiries about the material on the websites or of third parties.

7

Provision of website

7.1

This website and its content are provided on an “as is, with all faults and as available” basis and, to the extent permitted by law, without any express or implied warranties of any kind including without limitation any implied warranties of fitness for a particular purpose, warranties of due care and skill, warranties of title or non-infringement or warranties arising from course of dealing or custom of trade.

7.2

REEF uses reasonable efforts to ensure the accuracy of the REEF material on this website. REEF does not review the accuracy of information provided by other parties or information contained in websites linked to this site. REEF does not represent that the material on this website is error-free and does not warrant it is accurate, complete, appropriate, reliable or timely. REEF also makes no representation or warranty that your access to and use of the REEF website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

8

Disclaimer

8.1

Subject to any warranties or guarantees that cannot be excluded by law, REEF does not provide any express or implied warranties nor does it make any representations in relation to this website or its content. The content on this website is provided without any guarantees as to its accuracy, currency, completeness or reliability. REEF reserves the right to amend the information or content on this website at any time and without notice to you.

9

No liability and indemnity

9.1

ou will not hold REEF, its directors, officers, employees, agents and contractors liable for any injury, loss or damages whatsoever and however arising, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, damages arising from negligence, damages for death or personal injury, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or relating to the use or inability to use of this website and any content posted on this website, irrespective of whether such damages were foreseeable or arise in contract, tort, statute, common law, equity or otherwise.

9.2

You agree to indemnify REEF, its directors, officers, employees, agents and contractors from any and all claims, liability, damages or costs (including but not limited to legal fees) arising from your use of this website or your breach of these Terms.

10

Suspension of the Website

10.1

REEF may from time to time without notice suspend the REEF website or disconnect or deny you access to the website (including the member-only section) during any technical failure, modification or maintenance involved in the website. REEF will use its reasonable endeavours to procure the resumption of the website as soon as reasonably practicable.

11

Assignment

11.1

You may not assign or transfer any of your rights or obligations under these Terms without REEF’s prior written consent.

12

Severability

12.1

If a provision of these Terms would otherwise be illegal, void or unenforceable or impose an obligation or liability that is prohibited by law, the provision (or relevant part) is to be read down to the extent necessary to be enforceable or to comply with the law whilst still substantially reflecting the intentions as apparent from these Terms.

13

Waiver

13.1

The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

14

Governing law

14.1

These terms are governed by the laws of New South Wales, Australia and you submit to the nonexclusive jurisdiction of courts exercising jurisdiction in New South Wales.