CPV Website Terms and Conditions
1. Terms and Conditions
These terms and conditions apply to the access and use of this website provided by or on behalf of Australian Property Institute Inc ABN 49 007 505 866, including the use of the information and services offered through the website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must refrain from using this website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use or access to this website and services offered through this website.
2. Information and Content
2.1 All information provided by us on the website and pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.
2.2 You acknowledge that any opinions or advice by third parties contained or posted on, or transmitted through the website remains the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
2.3 Where the information made available over this website contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of the opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this website and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
3. Disclaimer
3.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked websites, platforms, information or services made available, connected or linked to the website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
3.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired,
(b) if the breach relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.3 Without limitation to any other rights we may have, you will at all times indemnify us and hold us harmless from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by us where such loss or liability was caused by:
(a) a breach by you of your obligations under these terms and conditions as determined by us at our discretion; or
(b) any wilful, unlawful or negligent act or omission by you.
4. Exception to Disclaimer
The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
5. Use of Website Content
5.1 We grant you permission to do the following with the content on the website unless otherwise indicated:
(a) store and reproduce the content on your local computer for the sole purpose of viewing it;
(b) print hard copies of the content for non-commercial use or personal use only.
5.2 You agree to indemnify and release us and our officers and employees from any loss, liability, claim, demand, damage or expenses arising from or in connection with your use of this website and the information and content contained on the website (including but not limited to any information posted by you).
6. Your Obligations
6.1 You will:
(a) ensure that your access to this website is not illegal or prohibited by laws which apply to you;
(b) take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system;
(c) not use the website for any activity which is obscene, indecent, offensive or defamatory;
(d) refrain from:
(i) tampering with, hindering the operation of or making unauthorised modifications to the website;
(ii) introducing any virus to or from the website;
(iii) changing any administrative settings on any part of the website;
(iv) using any part of the website for harvesting or collecting email addresses or sending commercial electronic messages in contravention of the Spam Act 2003 (Cth);
(v) uploading onto the website any material, or use the website in any way which:
(1) infringes the Intellectual Property Rights of any person; or
(2) is unlawful or violates any law.
(e) comply with all privacy and security of data laws and regulations;
(f) immediately inform us if there is a breach by you or any other person with access to the website, of any of the terms and conditions contained herein.
6.2 You agree to comply with all policies notified in writing by us to you from time to time. You will further bring such policies to the attention of any party accessing or using the website on your behalf and ensure those parties comply with those policies.
7. Third Party Materials
Without limitation to your obligations under these terms and conditions, you will be responsible for:
(a) obtaining all necessary permission, authorisation, licences and consents in relation to any materials or information used, posted or transmitted by you in relation to or in association with the website;
(b) payment of all royalties and other fees associated with the use of such third party materials.
8. Security of Information
Unfortunately, no data transmission over the website can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us or through the website is transmitted at your own risk.
9. Copyright
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website,
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
10. Intellectual Property Rights
You acknowledge that we own all Intellectual Property Rights subsisting in the website and any documentation, code or data supplied by us in connection with the website (including all passwords and usernames). Nothing in these terms and conditions transfers ownership of any of the Intellectual Property Rights subsisting in the website or related documentation.
11. Trade Marks
11.1 Trade marks, including but not limited to the words “CPV” and “Certified Practicing Valuer”, unless otherwise indicated, are owned by us in Australia and may be the subject of rights in other countries. You must not use our trade marks except in accordance with these terms and conditions and as permitted in writing by us.
11.2 The website may contain trade marks or logos of other companies or organisation and these are proprietary to the registered owners of such trade marks.
12. Linked Websites
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulates to the contrary.
13. Members Only Sites
13.1 Certain parts of this website (“members only sites”) are only available to, and may only be used by registered members.
13.2 To become a registered member you must:
(a) complete your registration details in the manner described on the website;
(b) have the capacity to form legally binding contracts under the governing law;
(c) have taken all necessary action to authorise, deliver and
perform these terms and conditions;
(d) have full power and authority to perform the obligations under these terms and conditions and can do so without the consent of any other person;
(e) be a natural person over the age of 18 years; and
(f) be accepted by us as a registered user (subject at all times to these terms and conditions).
(g) Comply with all requirements of the API Code of Conduct.
13.3 Your Information
(a) You warrant that all information provided by you in order to become a registered member and otherwise provided to us is true and accurate and accords with the requirements of the API Code of Conduct.
(b) You must ensure that your registration details remain true and accurate at all times and that you will notify us immediately of any changes to that information.
13.4 Account
(a) Upon registration you will be asked to enter your email address (“Account Details”). You are responsible for maintaining the confidentiality of your Account Details and all other information relevant to your Account Details and are fully responsible for all conduct carried out using your Account Details. We will not be liable for any loss of confidentiality or for any damage arising from your failure to comply with this obligation.
(b) The Account Details and accompanying details are provided to you personally and you must not transfer or assign these to anyone.
(c) You must not authorise or permit anyone else to access the members only sites using your Account Details and you authorise us to assume that anyone using your account is you personally.
(d) You must not do or omit to do anything by which it is reasonably foreseeable that the members only sites may be placed at risk of unauthorised access. This includes but is not limited to failing to close the connection to the members only sites once use is completed or leaving a connection to the members only sites unattended. You must log off your account immediately after each time you use it to access the members only sites.
(e) Unauthorised access and use of your Account Details will under no circumstances reduce your liability in respect of any obligation in relation to use of and access to the members only sites.
(f) You must notify us immediately if you become aware of any unauthorised use of your Account Details or of any other security breach.
13.5 We reserve the right, at our sole discretion, to refuse to accept a person’s registration for any reason and may, at any time after accepting registration, refuse to permit a person’s continuing use of the members only sites for any reason.
14. Right to Remove
We reserve the right at our sole discretion to remove and delete without notice any entry made by you through the members only site.
15. Policy Updates
We reserve the right to amend these terms and conditions from time to time. Amendment will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
16. Confidentiality
16.1 You must (and must procure that your consultants, representatives, employees and agents must):
(a) do everything necessary to maintain the secrecy and confidentiality of any confidential information provided by us to you; and
(b) not use or attempt to use any such confidential information for your own direct or indirect advantage or gain or in any manner which may cause or be calculated to cause injury or loss to us or any of our representatives.
16.2 Notwithstanding the above, you may disclose any confidential information provided by us to you if the information which we provide to you is information which:
(a) at the date accessing the website is in or comes into the public domain, except through default by you under these terms and conditions;
(b) can be shown by you to have been known by you before disclosure by us to you; or
(c) is required by compulsion of law to be disclosed to a third party.
17. Termination of Access
We may terminate access to this website at any time without notice. Our disclaimers set out in these terms and conditions will nevertheless survive any such termination.
18. Damages
In addition to our other rights and entitlements we may have at law or otherwise, you agree that any breach by you of these terms and conditions may result in us taking action against you for such breach which may include but limited to, termination of your membership or your employment with us (if you are our employee) and/or making a claim for damages against you.
19. Your Information
19.1 We may require you to provide us with certain information. We will use all reasonable endeavours to comply with the terms of our privacy policy (which may be accessed at www.cpv.org.au) in respect of any information provided by you.
19.2 Unless you notify us otherwise, any information provided by you may be used:
(a) to send news, information about other services and general promotional material;
(b) to monitor who is accessing the website or using services offered on the website; and
(c) to profile the type of people accessing the Website.
If you do not wish to have your personal information used in this manner or for any other specific purpose you may email us accordingly via the prompt at the bottom of the website www.cpv.org.au.
20. General
20.1 We accept no liability for any failure to comply with these terms and condition where such failure is due to circumstances beyond our reasonable control.
20.2 If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
20.3 If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
20.4 You understand and agree that we may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this agreement, or protect the rights, property, or our safety of , our users, and the public.
21. Terminology
In these terms and conditions the expression:
(a) “we”, “us” and “our” are references to Australian Property Institute Inc ABN 49 007 505 866;
(b) “Intellectual Property Rights” means any intellectual, industrial or commercial property, or right of a proprietary nature, including:
(i) any patent, trade mark, service mark or design;
(ii) any copyright or work of authorship;
(iii) any business, trade or commercial name or designation, brand name, internet website or domain name, logo, symbol, source indication or origin appellation;
(iv) any Confidential Information;
(v) any other industrial or commercial right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural service or otherwise;
(vi) any legal action relating to any previous item; and
(vii) any licence or other right to use or grant the user, or to become the registered proprietor or user of, any previous item,
(viii) whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description; and
(c) "Confidential Information" means any and all material and information of ours which has or will come into your possession or knowledge in connection with the use of or access to the Website. For the purposes of this definition, “information” and “material” includes know-how, data, patents, copyrights, trade secrets, processes, techniques, programmes, designs, formulae, marketing, advertising, financial, commercial, sales or programming materials, written materials, compositions, drawings, diagrams, computer programs, devices, studies, work in progress, visual demonstrations, ideas, concepts, and other data, in oral, written, graphic, electronic, or any other form.