TERMS & CONDITIONS

Welcome to nikkoproperty.com (“our Site”).

These Terms and Conditions (Terms) govern your use of our Site and the services offered by Buildfront Pty Ltd (ACN 643 972 418) trading as Nikko Property (we, us, our) and form a binding contractual agreement between us, and you. Other terms and conditions contained in our privacy policy (Privacy Policy) also form part of the agreement with you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@nikkoproperty.com before using our Site or engaging our services.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

ACCEPTANCE OF TERMS

By browsing, accessing, downloading or using the services offered on our Site, whether or not you engage our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

VARIATIONS TO TERMS

We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

In that event, we will provide notice of the variation by publishing the updated Terms on our Site.

The updated Terms will be taken to have effect on the date of publication.

Your continued use of our services and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

Should you object or disagree to the Terms, your only remedy is to contact us at info@nikkoproperty.com and immediately discontinue your use of the services.

DISCLAIMERS

The information on the Site, including but not limited to, in any publications, Agent Content, Partner Content and any information provided by us, our employees, agents, affiliates and representatives or our related bodies corporate and their employees, agents, affiliates and representatives, does not purport to offer legal, financial, property or professional advice. Use caution and always seek professional advice before acting on any information provided on the Site or that we provide directly to you.

The content on the Site and any information we, our employees, affiliates and representatives provide you is for general information and promotional purposes only. We do not warrant or make any representations as to any third party products or services described or referred to on the Site, including any Agent Content or Partner Content.

Any use of the content on the Site, including but not limited to, Agent Content, Partner Content or other materials or information uploaded to the Site by another person or organisation is at your own risk. You acknowledge and agree that we will not be liable for any inaccuracies in data or information presented on the Site. You should confirm any such data or information with the person or organisation to which it relates.

It is your responsibility to independently verify the information made available on the Site. We make no warranties that information on the Site is reliable, complete, accurate or up-to-date. Information on this Site is subject to change.

You acknowledge and agree that we are not liable for the accuracy or content of any Agent Content or Partner Content.

We rely on third parties to supply the Agent Content and the Partner Content and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by Law, you acknowledge and agree that we have no liability arising out of any results or recommendations produced by the Site, and you are solely responsible for the final choice of any property, house design, apartment design, house, apartment, house & land package, land lot, land estate, land development or apartment development that you may choose.

We provide our Site and services on an "as-is" and "as available" basis and whilst every effort is taken to ensure the service provided and the Website is accurate, we make no representations and give no guarantees or warranties about the suitability, reliability, availability and/or accuracy of our services and the content on Site for any purpose.

You acknowledge and agree that the content on the Site is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Agent Content or Partner Content or other information uploaded by any other person or organisation on the Site is not an endorsement of any organisation, product or service by us.

You acknowledge and agree that the information on the Site is subject to change and is based on information that was available to us at the time it was published.

Information contained on the Site should not be relied upon and you should make your own enquiries and seek legal advice in respect of any property or development listed on the Site or the information about the property or development listing contained on the Site.

Prices displayed on the Site are current at the time of issue, but may change at any time and are subject to availability.

You acknowledge and agree that we, our employees, affiliates and representatives are not responsible for decisions that you may make, or for any consequences, undesired or otherwise, that may flow from your engagement of the Site or our services.

We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our services or on this Site.

Any material, downloaded or otherwise, or services obtained through the use of our Site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.

Any testimonials and examples of our services, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results.

We do not represent or warrant:

that your use of the Site will meet your requirements;

that your use will be uninterrupted, timely, secure or free from error;

the accuracy of any information obtained by you as a result of your use of the Site; and

that defects in the operation or functionality of any part of the Site will be corrected.

REGISTERING YOUR DETAILS

We may ask you to register an account with us to access certain services.

You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

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

If you are a registered user or member to this Site, you acknowledge and agree that:

You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

You will immediately notify us if your Password is lost or becomes known to any other person;

You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and

To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy.

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

You will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

During the delivery of our services, you agree to:

respond promptly to our communications in relation to our services;

maintain the confidentiality of any information disclosed to you by Nikko Property and manage any personal information which you may obtain access to in accordance with relevant privacy laws;

provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the services; and

act in good faith.

When providing our services, we may request that you provide us with responses, feedback, completed questionnaires, and other information so we can best deliver our services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.

PROHIBITED USES

You agree that in accessing and using our Site, or uploading Agent Content or Partner Content, you will not engage or attempt to engage in any activities that:

post, link to, or otherwise communicate or distribute any material or information of any kind which brings Nikko Property or the Site into disrepute, or that questions or suggests that Nikko Property is not independent from the Agents or Partners listed on the Site or any misleading, deceptive, inappropriate, profane, defamatory, infringing, obscene, threatening, discriminatory, harassing, abusive, offensive, racially or sexually vilifying, indecent or unlawful material or information of any kind, or otherwise use the Site in a manner, which is unlawful or would infringe the rights of another person including any intellectual property rights;

subject to clauses 7.4 and 7.5, are commercial, including selling, marketing, advertising, or promoting goods or services or exploits the Site for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, spam or any other materials that are contrary to our commercial or lawful interests);

download (other than page caching) or modify the Site or any portion of the Site;

impersonate or falsely claim to represent a person or organisation;

bypass (or attempt to bypass) any security mechanisms imposed by the Site;

provides access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;

deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Site;

knowingly posts or transmits or permits the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

solicit information (including login information); or

post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

AGENT CONTENT AND PARTNER CONTENT

References to an Agent in this clause means, real estate agent or agency, developer, broker, property owner, builder, land developer, marketing agent or agency, property vendor and any other party that we permit to upload content to our Site.

References to a Partner means a category partner of Nikko Property.

This clause is subject to the terms applicable to the particular listing agreement, selling agreement, distribution agreement, advertising agreement or category partner agreement (Commercial Agreement) that applies to you. This clause will apply to you too. The relevant subscription package or category partner agreement will prevail to the extent of any inconsistency.

If you are an Agent, as defined in clause 7.1, and have entered a Commercial Agreement, as define in clause 7.3, with us, Nikko Property grants you a non-exclusive and non-transferable licence to use the Site for the limited commercial purpose of promoting your house, apartment, land lot, land or apartment development, house design, apartment design, house & land package (or other products and services in connection with your profile) to buyers and the general public who access or use the Site, subject to the restrictions specified in clause 6 and elsewhere in these Terms. The Site is not to be otherwise used for commercial exploitation.

If you are a Partner, Nikko Property grants you a non-exclusive and non-transferable licence to use the Site for the limited commercial purpose of promoting your products and services (as set out in the particular category partner agreement) to buyers and the general public who access or use the Site, subject to the restrictions specified in clause 6 and elsewhere in these Terms. The Site is not to be otherwise used for commercial exploitation.

When you enter a Commercial Agreement with us, you may send to Nikko Property for upload or may upload directly (if consented to and facilitated by Nikko Property), onto the Website, information and data regarding:

if you are an Agent, as defined in clause 7.1, the details and specifications of your home, apartment, land lot, land estate, land development, apartment development, house design, apartment design, house & land package, including images (such as photographs and floor plans, where relevant), videos, your business' name and logo, and other material, comment, content, communication or text (including promotional wording for feature listings and other promotions you may wish to apply to your listings) to add to our Site. All material you send to Nikko Property for upload or that you upload directly onto the Website will be your Agent Content; and

if you are a Partner, advertising for your business and tools that users may use (such as mortgage calculators, energy estimation tools and store locators), including images, videos, your business' name and logo, and other material, comment, content, communication or text (including promotional wording, articles, tools, applications and other promotions in relation to your business that you wish to advertise) to add to our Site. All material you send to Nikko Property for upload or that you upload directly onto the Website will be your Partner Content,

and you hereby provide us with a perpetual, non-exclusive, royalty free, irrevocable, transferrable and worldwide licence to locate and upload relevant information from your website or any other platform to which you have provided us access.

Any Agent Content or Partner Content you upload or that you send to Nikko Property to upload to our Website:

can be accessed and viewed by the public; and

can be used by us in accordance with the licence terms set out in clause 7.9 including to promote our Site.

You agree to be solely responsible for any Agent Content or Partner Content that you upload to the Site or that you provide to us to upload to the Site. You warrant and represent that any Agent Content or Partner Content uploaded to the Site will not violate these Terms.

You retain ownership of all intellectual property rights in the Agent Content or Partner Content that is uploaded to our Site. By uploading the Agent Content or Partner Content you grant us a perpetual, non-exclusive, royalty free, irrevocable, transferrable and worldwide licence to use, copy, communicate, reproduce, display, publish, broadcast and transmit for the purpose of listing, promoting and advertising on our Website.

You consent to your Agent Content or Partner Content being altered, edited or adapted by us for any reason including to ensure your Agent Content or Partner Content does not infringe these Terms. To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the Agent Content or Partner Content, by agreeing to these Terms, you provide an unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use and deal with your Agent Content or Partner Content (whether or not currently in existence), to perform, exhibit, reproduce and communicate any part of your Agent Content or Partner Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that Agent Content or Partner Content.

Where the Agent Content or Partner Content uploaded by you or by us to our Site, contains material from other third parties, you warrant that you have obtained the moral rights consents similar to those described in clause 7.10 above from such third parties.

We may, at any time, access or examine any Agent Content or Partner Content and, at our sole discretion, move, remove, block, modify, edit, refuse to upload or disable access to Agent Content or Partner Content which we consider, in our reasonable discretion, to breach any Law or to be otherwise unacceptable.

You acknowledge that we:

have no responsibility or liability for the deletion or failure to store any Agent Content or Partner Content uploaded by you or your representative or agent on the Website; and

are not responsible for any Agent Content or Partner Content uploaded to our Website, nor are we under any obligation to monitor, move, remove, edit, refuse to upload or disable access to it.

You represent and warrant that:

you own the Agent Content or Partner Content or have the necessary licenses, rights, consents, and permissions to publish the Agent Content or Partner Content that is uploaded on the Website;

you have the right and power to grant the licence contained in clause 7.9 to us;

the Agent Content or Partner Content uploaded by you will not infringe the intellectual property rights of any third party; and

you will not upload Agent Content or Partner Content that will cause you to breach these Terms.

You understand that we do not guarantee any confidentiality with respect to any Agent Content or Partner Content you upload to our Website.

You acknowledge and agree that we are under no obligation to take legal action in relation to, commencing, defending, enforcing, settling or compromising (as appropriate) any infringement, claim or actions relating to your intellectual property rights in Agent Content or Partner Content.

COPYRIGHT AND TRADE MARK NOTICES

All material on this Site, or otherwise delivered by us via our services, including (but not limited to) templates, information, text, graphics, information architecture and coding (Site Content), is subject to copyright. While you may browse or print the Site Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce it. Modification of the Site Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.

You acknowledge that you do not acquire any ownership rights by using the Site or the Site Content.

The trade marks, logos, and service marks displayed on our Site to denote our brand or the brand of third parties (such as sponsors, advertisers, partners or developers) are either registered or unregistered trade marks of us or third parties (Trade Marks). The Trade Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us or the relevant third party, in any manner that is likely to cause confusion with customers, or in any manner that disparages us or the relevant third party.

Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any the Trade Marks without the express written permission of Nikko Property or the relevant third party.

You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Nikko Property or the relevant third party will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND AND TERMINATE

We may at any time immediately suspend or terminate your access (including restricting access) to the Site or any feature of the Site for any reason (including due to your breach or alleged breach of these Terms) in our reasonable discretion and without prior notice. Any licenses, consents and indemnities given by you and any limitations of our liability survive such termination.

PROMOTIONS AND OFFERS

The Site may display advertisements and promotions, subject to these Terms. Any advertising or promotion on the Site does not imply an endorsement or recommendation by us. Information on the Site, including in any advertisements or promotions, does not constitute legal, financial or property advice.

LIABILITY IS LIMITED

The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.

We do not make any express or implied representation or warranty and shall not be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance, in connection with our Site or any of our services.

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site or our services.

These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

Reliance on the completeness, accuracy, suitability or currency of information, services irrespective of any verifying measures taken by us (including third party material and advertisements).

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

Accessing websites or servers maintained by other organisations through links on our Site. Links are provided for convenience only. We do not endorse linked websites nor their services and you access them at your own risk.

The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

You agree to indemnify and hold us, our officers, agents, representatives, partners, directors, shareholders, employees and subcontractors, related bodies corporate and their agents, partners and representatives, harmless against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

your use of our services;

any claim made against us or you by a third party arising out of or in connection with the provision of our services and/or these Terms;

any breach of these Terms by you;

any reliance by you or a third party on our services or any advice or information provided in connection with the provision of our Services and/or these Terms;

the enforcement of these Terms; and

any negligent act, omission or wilful misconduct on your part.

You must make payments under this clause in full without set-off or counterclaim.

This clause survives termination of these Terms.

NO DISPARAGEMENT

At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

Should you breach this clause, you hereby indemnify us in accordance with clause 12 above.

LINKED WEBSITES, AFFILIATES OR SPONSORS

Regarding any links to other websites on our Site (Third Party Websites), you acknowledge that those websites are operated by third parties and not us and, therefore, are out of our control. You acknowledge and agree that we are not liable for those Third Party Websites or for any loss or damage that may arise from your use of them. Your use of any Third Party Websites will be subject to the terms and conditions of that website.

As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.

You acknowledge and understand that by engaging our services, we may also be eligible to receive rebates, referral fees, lead fees, sale fees, commissions, subscription fees and volume bonuses from our trade partners or affiliates.

We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

SEVERABILITY

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

NO ASSIGNMENT

You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

BINDING ON SUCCESSORS

These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

NO ADVERSE CONTRACTION

The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

WAIVER

No waiver by a party of a provision of these Terms is binding, unless made in writing.

DISPUTE RESOLUTION

If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

In the case of claims against us, all notices are to be provided to info@nikkoproperty.com.

If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

Once a mediator is appointed, the parties agree that:

The costs of the mediator shall be borne equally between the disputing parties.

The chosen mediator shall determine the procedures for mediation.

The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

This clause survives termination of these Terms.

APPLICABLE LAW

These Terms shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between us.

YOUR FEEDBACK

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.

If you have questions or comments regarding this Site or our services, please email us at info@nikkoproperty.com.

These Terms were last updated on 01 September 2020.