Terms of Use


The websites modernsearch.com.au along with all associated sub-domains and domains owned by Modern Search Pty Ltd (“ModernSearch Network”, “our website(s)” in this Terms of Use) are websites owned and operated by Modern Search Pty Ltd (“We”, “our” and “us” in this Terms of Use).

This Terms of Use, our Privacy Policy and other notices on our website(s), form the basis on which you may access and use our website(s). We reserve the right to change any or all of our Terms of Use or other conditions for using our website(s) at any time by publishing the new terms or conditions on our website(s). Your use of our website(s) constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our website(s) your sole option is to immediately cease your use of the website(s).

Our wesbite(s) are for your personal, non-commercial use only. If you wish to make commercial use, you must enter into an agreement with Modern Search. Please contact us for more information.

Website Content

The classifieds listings (properties, jobs, cars) that are returned and linked to on the ModernSearch Network search results have been created by third parties. Search results within ModernSearch Network are indexed in an automated manner and are not screened. We assume no responsibility for the content of any classifieds listing or website that is either included in the search results or linked to by our websites.

Restrictions on Use

You will not: (a) use our website(s), or any content from our website(s), in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available; and (b) interfere with, disrupt, or create an undue burden on our Website(s); and (c) transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming” through the use of our website; (d) violate the rights of any person; (e) pose as any person or entity or attempt to solicit money, passwords or personal information from any person; (f) act in violation of any Term of Use or other condition posed by us or any applicable law; (g) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. (h) frame or mirror any part of the our website(s) without our prior written authorisation;

Copyright

We do not claim ownership of information, data, text or other materials submitted by third parties (collectively, “Materials”). However by uploading, transmitting, posting or otherwise making available any Material via our website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose. We shall not be liable for any use or disclosure of any Materials.

Registration

When registering as a member, you must 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.

You must not register as a member multiple times.

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

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details. 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 if we believe you are abusing the services in any way, have breached our Terms of Use or are no longer an active member.

Disclaimer

You use our website(s) at your sole risk.

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

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the ModernSearch 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 ModernSearch Network in any circumstance.

Limitation of liability

You use the ModernSearch Network at your sole risk.

Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

In relation to any express warranty or condition set out in our Terms of Use in connection with goods or services supplied or offered by us via the ModernSearch 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 ModernSearch Network.

Claims of Copyright Infringement

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.

Jurisdiction

Your use of this web site and all of our legal notices will be governed by and construed in accordance with the laws of Victoria, Australia and by using our Website(s) you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.