Terms of Use


1. Terms of Use

The Neo Property website (www.neoproperty.com.au) is owned and operated by Neo Property Pty Ltd ACN 123 220 600 (Neo Property). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Neo Property reserves the right to amend the Terms of Use at any time.

2. Your obligations

You must use the Website in a responsible manner. You must not:

  • use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
  • use the Website to send unsolicited email messages;
  • in any way tamper with, hinder or modify the Website;
  • knowingly transmit any viruses or other disabling features to the Website or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

3. Copyright and trademark notice

The material on the Website, including the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Neo Property and are also protected by copyright law under the laws of Australia and International Copyright laws.

The Website does not grant you a licence, nor a right to use any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of Neo Property.

You may view the Website and its contents using your web browser. You may save an electronic copy of the Website via the usual operation of your web browser only.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by Neo Property or expressly authorised in writing by Neo Property.

4. Restrictions on use

You must not use the Website in any manner or for any purpose which is unlawful or violates any right of Neo Property or any of its associated entities, or which is prohibited by the Terms of Use.

5. Website content is subject to change

All Website content, including real estate listings is subject to change without notice.

6. No reliance on information

The information displayed on the Website is presented for the purpose of informing consumers of real estate listings. All information contained on the Website, including information relating to real estate services, and real estate listings is for information purposes only.

The information on the Website should not be considered complete, nor should it be relied on to make a particular decision. The information should not be used in place of a visit, call, consultation or the advice of a suitably qualified professional service provider.

The information on the Website has been compiled from a wide variety of sources. It is neither feasible nor practicable to confirm the accuracy of every piece of information compiled from these sources as the information is not necessarily reviewed for accuracy.

7. Indemnity

By entering the Website, you agree to indemnify Neo Property and its associated entities from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of, or in any way connected to, the use of the Website by you.

8. Disclaimer

Legislation such as the Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer on you rights and remedies relating to the provision of goods or services to you by Neo Property via the Website. Such rights cannot be excluded, restricted or modified (your Statutory Rights). Neo Property excludes all conditions and warranties implied by custom, law or statute, except for your Statutory Rights.

Except for your Statutory Rights, in respect of the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • Neo Property expressly disclaims all warranties of any kind;
  • Neo Property does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
  • Neo Property does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and
  • Neo Property does not warrant or make any representation that the information displayed on the Website is appropriate to your particular situation or that the information is written, created, compiled or reviewed by real estate experts.

To the extent permitted by law, including but not limited to any act or omission on the part of Neo Property, Neo Property will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that Neo Property does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

9. Limitation of liability

To the extent permitted by law, Neo Property’s liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Neo Property, to one or more of the following:

  • In the case of services supplied or offered by Neo Property:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.
  • In the case of goods supplied by or offered by Neo Property:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the costs of replacing the goods or acquiring equivalent goods;
    • the payment of the costs of having the goods repaired.

10. Miscellaneous

Neo Property relies upon your continued observance of the Terms of Use. If Neo Property suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Neo Property for those losses, damages and costs.

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Neo Property does not make any claims that the information on the Website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information displayed on the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

All rights not expressly granted herein are reserved.

If Neo Property does not act in relation to a breach of the Terms of Use by you, this does not waive Neo Property’s rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

11. Termination

The Terms of Use are effective until terminated by Neo Property. Neo Property may terminate the Terms of Use at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.

Copyright © 2007 Neo Property Pty Ltd

All Rights Reserved

Privacy Statement last updated on 24 August 2007