使用条款

集房网中英文网页所提供的信息和资料并非供专业咨询所用,而且自主更新。 集房网归GiFang Group Pty Ltd ( 澳大利亚企业注册号 86 673 090 674) 所有,但公司以及为该网站提供信息的单位或个人不对网站信息的准确性负责。本网站的使用条款以英文版为准,以澳大利亚法律为准。

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TERMS AND CONDITIONS

The website you are using, being www.gifang.com, whether accessed via a mobile application, desktop internet browser or mobile internet browser (‘the Website’), is provided by GiFang Group Pty Ltd (ABN: 86 673 090 674) (‘GiFang’, ‘we’ or ‘us’).

GiFang’s commitment to best practice in all areas of its activities extends to respecting and safeguarding the privacy of our clients and partners. 

Please read these Terms and Conditions (‘the Terms’) carefully as they contains terms of use that are binding on Users in respect of the User’s use of the Website. By continuing to use the Website, Users accept these Terms in their entirety and agrees to be bound by them. 

1. MODIFICATION 

1.1 These Terms may be varied, replaced or removed at the discretion of GiFang without further notice to the User.

1.2 It is the User’s obligation to ensure that the User has read, understood and agrees to the most recent version of the Terms available on the Website. The User agrees and acknowledges that the User’s continued use of the Website will amount to renewed acceptance of these Terms as varied, replaced or removed and agrees to be bound by them on each occasion that the User accesses the Website. 

2. PRIVACY 

2.1 The User’s use of the Website is governed by the Privacy Policy. The User agrees to be bound by the Privacy Policy as a condition of the User’s right of access to the Website. The User should read the Privacy Policy carefully as it applies to personal information that the User provides through the User’s use of the Website, and contains binding terms in respect of the User’s disclosure of personal information. By continuing to use the Website the User accepts the Privacy Policy and agrees to be bound by the Privacy Policy where applicable. 

3. CONFIDENTIALITY 

3.1 GiFang is not liable to the User for any breach of confidentiality resulting from disclosure of the User’s Confidential Information that is not within the reasonable control of GiFang (including any breach to GiFang’s data security arising from any unauthorised third party access, intrusion or corruption of any kind to the Website). 

3.2 The User agrees that any communications between the User and GiFang constitute Confidential Information and that the User will not disclose such communications to any third party without GiFang’s prior written consent.  

4. INTELLECTUAL PROPERTY 

4.1 Title to, and all Intellectual Property Rights in the Website, the underlying software and code of the Website and any documentation relating to the Website, including all content, trademarks, trade names and service marks, remain at all times the property of GiFang. 

4.2 As a user of the Website, the User is not licensed or authorised to use, reproduce or copy any of the intellectual property or information and content comprised in the Website, without GiFang’s prior written consent. 

5. ACCEPTABLE USER CONDUCT POLICY 

5.1 The User agrees that the User will not:

  1. (a) use the Website except in the User’s personal capacity;
  2. (b) use the Website for any purpose that is improper, unlawful, or to post, share or transmit any material that:
    1. (i) is defamatory, offensive, obscene or otherwise objectionable;
    2. (ii) is in breach of confidentiality or privacy or of any third party’s Intellectual Property Rights;
    3. (iii) is posted, shared or transmitted for the purpose of advertising or promoting goods or services (either the User’s own goods or services or the goods or services of any third party) without the prior written consent of GiFang; or
    4. (iv) is misleading or misrepresentative as to the User’s identity or which in any way suggests that the User represent, are sponsored by, affiliated or connected with GiFang;
  3. (c) use the Website except for legitimate private use or in any manner which may cause damage or cause any claim to be made against GiFang;
  4. (d) copy, distribute and/or communicate the Website in any way that would infringe on GiFang’s Intellectual Property Rights;
  5. (e) attempt to access any Confidential Information of third parties or tamper with or circumvent any security procedures embedded in the Website in any way;
  6. (f) attempt to upload any malicious software to the Website, to any other user of the Website, or to any third party that hosts any element of the Website, or provides any part of the Website, including ‘trojan horses’, ‘time bombs’,‘worms’, denial of service attacks, viruses, altered code, licence control utilities, software locks or other harmful codes.

5.2 Some elements of the Website may interface with external third party websites and resources. The User acknowledges and agrees that GiFang is not responsible or liable for any content or information from such websites or resources. The User’s correspondence and business dealings with third parties through the use of the Website, including any purchase or sale of goods or services, are solely between the User and such third party. The User further acknowledges and agrees that GiFang shall not be directly or indirectly responsible or liable for any loss or damage caused in connection with the use of these third party websites or resources.

5.3 Use of the Website may be subject to limitations imposed by GiFang for any reason. The User agrees and acknowledges that GiFang may, in its absolute discretion, limit or terminate the User’s right of access to use the Website for any reason, and at any time. 

6. LINKS TO OTHER WEBSITES 

6.1 The Website may contain links to websites, services and advertisements owned and operated by third parties (‘Third Party Websites’) which are not under the control of GiFang. 

6.2 In relation to the Third Party Websites which are linked to the Website, GiFang: 

  1. (a) provides links to other Third Party Websites as a convenience to the User and the existence of links to Third Party Websites which should not be considered as an endorsement, representation or authorisation by GiFang of Third Party Websites; and
  2. (b) is not responsible for any material contained on Third Party Websites.

7. WARRANTIES & ACKNOWLEDGMENTS 

7.1 The User acknowledges that:  

  1. (a) the User uses the Website entirely at the User’s own risk;
  2. (b) GiFang provides no warranty or guarantee as to the accuracy or currency of Listing Information contained on the Website;
  3. (c) GiFang does not provide the User with any personalised advice for which it may be liable or responsible for to any individual, under any circumstances;
  4. (d) any guidance and/or recommendation made by GiFang is provided generally and GiFang has no liability whatsoever for any such guidance or recommendation or any User’s experience with any goods or services purchased as a result of such guidance or recommendation; and
  5. (e) the User is responsible for, and must pay the cost of, all telecommunications and internet access charges incurred when using the Website, whether or not such access has been arranged by GiFang.

7.2 The User agrees to: 

  1. (a) comply with all of GiFang’s reasonable requests relating to these Terms and the use of the Website, including adherence to the general appearance and content of Listing Information uploaded to the Website;
  2. (b) ensure that any passwords, pass-codes or other identifiers provided by GiFang to the User relating to the Website are kept secure and protected from unauthorised access or use;
  3. (c) not bring the Website into disrepute; and
  4. (d) not promote any other website, person or service that directly competes with the Website

7.3 GiFang gives no warranties about the Website, or in relation to any products or services offered for sale by or via the Website, or any of the suppliers who are advertised or promoted on the Website. 

7.4 GiFang gives no guarantee as to the continuous or fault-free operation of the Website and the Users acknowledge that systems or technological failure may impede or prevent access to all or any part of the Website or any Listing Information contained in the Website, and that the transmission of data over the internet can be subject to errors and delays, all of which GiFang shall not be responsible for. 

8. UPLOADING OF LISTINGS 

8.1 Subject to conditions contained in the Terms, a User that is a Developer and/or Agent and/or Agency and/or Advertiser (“Advertising Member”, as a subcategory of “User”) may be authorised to upload Listing Information and marketing materials (“Listing Information”) to the Website for the benefit of other Users of the Website. An Advertising Member is responsible for all Listing Information uploaded by them, to the Website. 

8.2 Advertising Members agree and acknowledge that the publication of Listing Information on the Website is at the sole and unfettered discretion of GiFang and that Advertising Members will be required to vary, replace or remove Listing Information and/or marketing materials, where directed by GiFang to do so. 

8.3 All Listing Information must contain the minimum information as stipulated by GiFang from time to time.  

8.4 Advertising Members agree and acknowledge that they are solely responsible for all of Listing Information (including any errors contained therein) 

8.5 Advertising Members warrant that the Listing Information: 

  1. (a) is accurate, including in relation to: descriptions; place, personal or other specific names; dates and times; figures; addresses; and phone and facsimile numbers and email addresses;
  2. (b) complies with all laws;
  3. (c) is not offensive, defamatory, misleading or deceptive, or uploaded to the Website for a purpose not contemplated by these Terms;
  4. (d) does not breach any third party’s Intellectual Property rights;
  5. (e) will not, by appearing on the Website, expose GiFang to any liability; and
  6. (f) does not include any advertisements or promotions that GiFang has not consented to.

8.6 Advertising Members further warrant that they: 

  1. (a) are a licensed real estate agent as defined in section 4 of the Estate Agents Act 1980 (Vic); or
  2. (b) are authorised by the owners of the relevant properties referred to in, and/or the Intellectual Property contained, in the Listing Information (including any images) to publish or cause to be published the Listing Information on the website.

8.7 GiFang may, in its absolute discretion, provide technical support or any other relevant support as required, to assist with the uploading and maintenance of Listing Information. 

8.8 Whilst GiFang will use its best endeavours to ensure that all details, descriptions, prices and availabilities relating to the Listing Information which appear on the Website are accurate and current, errors may occur. Additionally, GiFang is not required to monitor or censor the Listing Information, however GiFang may, in its sole discretion, vary, replace or remove Listing Information on the Website, without notice to the Advertising Member, if GiFang considers that the relevant Listing Information does not comply with these Terms, or if the variation, replacement or removal is otherwise necessary. 

9. LISTING INFORMATION DATABASE 

9.1 GiFang may maintain a database of Listing Information and/or any other analytical information collected via GiFang’s operation of the Website, including but not limited to ‘cookies’ (‘Database’), and may exploit, in its sole discretion, for GiFang’s (or its nominees’) benefit, all Intellectual Property in the Database (‘Database IP’). 

9.2 Advertising Members irrevocably and unconditionally: 

  1. (a) assign to GiFang (or its nominees) all Database IP; and
  2. (b) to the extent that the Database IP cannot be assigned, grant GiFang (or its nominees) an exclusive, worldwide, royalty free, fully assignable perpetual licence to use (in any way, including modifying and recompiling the data), and sublicense others to use, the Database IP, as and when the Database IP is provided or made available to GiFang.

9.3 GiFang grants the Advertising Member in relation to the relevant Listing Information to which the Database IP relates, a non-assignable bare licence to:

  1. (a) use the relevant Database IP for the Advertising Member’s property development business purposes; and
  2. (b) provide the relevant Database IP to third parties for the purpose of advertising and operating the Advertising Member’s property development business, subject to at all times, that such licence may be revoked by GiFang, at any time, in its sole discretion.

10. AMOUNTS 

10.1 All prices and amounts (‘Amounts’) displayed on this Website are current at the time of issue, but may change at any time and do not reflect the availability of the particular good or service to which they relate. 

10.2 All Amounts are expressed in Australian Dollars unless otherwise stated. 

10.3 All Amounts may be subject to ‘GST’ as defined in the A New Tax System (Products and Services Tax) Act 1999, where the imposition of GST is applicable. 

10.4 The Users acknowledge that all Amounts are exclusive of any taxes, duties or other liabilities imposed by any governmental agency that may be applicable to the Amounts, including without limitation, any customs duty, products and services taxes or any value added tax. 

11. REFERRAL AGREEMENT 

11.1 In relation to a particular property and/or project development for which details are uploaded as Listing Information (‘Development’), a User that is an Agency or an Agent may enter into a Referral Agreement with GiFang, to act as selling agent in relation to the particular Development (‘Selling Agent’)

11.2 Amongst other things, such a Referral Agreement may provide for the following matters:

  1. (a) provide the Selling Agent access to additional information relating to the Development, including but not limited to the pricing of individual properties within the Development;
  2. (b) allow the Selling Agent to market the Development on behalf of the Advertising Member; and
  3. (c) entitle the Selling Agent to receive commissions, referral fees or other similar payments in relation to sales of properties in the Development generated by the Selling Agent, calculated in accordance with the applicable rates specified in the relevant Referral Agreement.

11.3 The Users agree and acknowledge that in addition to the specific provisions contained in the relevant Referral Agreement entered into with GiFang, these Terms, as they may be amended from to time, will form part of the terms of the Referral Agreement. 

12. OUR LIABILITY 

12.1 To the maximum extent permitted by law, GiFang excludes all liability and responsibility to the User or any other person, for any loss (including consequential loss of information, Data, or pecuniary loss) or damage resulting, directly or indirectly, from any use of, or reliance on, the Website.

12.2 To the maximum extent permitted by law, GiFang excludes all liability and responsibility to the User or any other person for any loss, damage or injury arising from, suffered or incurred, from the use of a good, product or service purchased via the Website, or for any experience or service received as a result of the use of a redeemable voucher purchased via the Website.

12.3 To the maximum extent permitted by law, GiFang’s liability under any condition or warranty which cannot legally be excluded is limited to (at GiFang’s election) supplying the goods, product or service, that GiFang had contracted to supply, again, or paying the cost of having such goods, product or services supplied again.

12.4 Other than as explicitly provided for by these Terms, GiFang has no liability (including liability in negligence) to the User or any other person for any loss or damage (consequential or otherwise) however suffered or incurred in relation to:

  1. (a) the goods, product or service provided, or not provided, under these Terms;
  2. (b) any operational failure or unavailability of the Website;
  3. (c) any contamination of, or defect in, the Listing Information introduced by virus, latent defect, human or other error, or otherwise;
  4. (d) the User’s reliance on any material contained on, or accessed through, the Website; or
  5. (e) any delay or failure in loading the Listing Information onto the Website.

13. DISCLAIMERS AND RELEASE 

13.1 To the full extent permitted by law, GiFang makes no warranty (express or implied) or guarantee or any representation that the Website and any information contained or referred to on the Website:

  1. (a) will meet a User’s requirements; or
  2. (b) will be available to a User on an uninterrupted, timely, secure, or error-free basis; or
  3. (c) will be accurate, reliable, free of viruses or errors or defects, complete, legal or safe.

13.2 Access to, and use of the Website is at the User’s own discretion and risk. The User accept the full cost of any necessary repair, correction and maintenance of any of the User’s computer or mobile software or hardware, which may be necessary as a consequence of accessing and/or using the Website. 

13.3 GiFang will not be liable under any circumstances for any loss or damage of any kind recognised by law (even if it has been advised of the possibility of such loss or damage) incurred as a result of:  

  1. (a) acting, or failing to act, on any information contained in or referred to on the Website;
  2. (b) using or acquiring, or their inability to use or acquire, goods and services listed on the Website;
  3. (c) any interactions between Users of the Website.

13.4 GiFang will not be liable to the User or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to any matter that has arisen or arises directly or indirectly out of, or relates directly or indirectly to:

  1. (a) the User’s use, or inability to use, the Website;
  2. (b) any interactions or transactions of the User with, or any act or omission in relation to other Users;
  3. (c) delays to, interruptions of or cessation of services provided in the Website;
  4. (d) defamatory, offensive or illegal conduct of any Users.
  5. (e) whether caused through negligence of the Website, its employees or independent contractors, or through any other cause.

14. INDEMNITY 

14.1 To the fullest extent permitted by law, the User agrees to defend, indemnify and hold harmless GiFang, its officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever, resulting from:

  1. (a) the User’s use of and access to the Website , including any data or content transmitted or received by the User, or any Listing Information that is uploaded to the Website by a Advertising Member;
  2. (b) the User’s violation of GiFang’s intellectual property rights;
  3. (c) the User’s Listing Information;
  4. (d) the User’s interaction with any other User;
  5. (e) the User’s violation of any thirty party right, including any Intellectual Property Rights;
  6. (f) any breach of the User’s obligations under these Terms;
  7. (g) any breach of the warranties provided by the User under these Terms;
  8. (h) any act, omission or misconduct or negligence of the User or the User’s employees, officers or agents in connection with these Terms or the Website;
  9. (i) any claims brought by or on behalf of any third party relating to an act or omission by the User relating to the Listing Information or any Intellectual Property Rights relating to the Listing Information; or
  10. (j) any other scenario contemplated by these Terms.

14.2 The indemnities referred to in this Clause 14 shall survive the termination of these Terms. 

15. NON-CIRCUMVENTION 

15.1 The User agrees to not, and ensure that its Associated Entities do not, make commercial or other use of the Listing Information of other Users contained on the Website, without the prior express written consent of GiFang.

15.2 The User agrees to not, and shall ensure that its Associated Entities do not, contact any officer, customer, supplier or employee of the other Users or their Associated Entities to discuss any matter, including but not limited to the Listing Information of other Users or their operations, affairs, business or strategies, other than with the prior express written consent of GiFang.

15.3 The User undertakes in favour of the Discloser that without the prior knowledge and express written consent of GiFang, it:  

  1. (a) will not, and will ensure that each of its Associated Entities do not, directly or indirectly, contact, communicate, deal with or otherwise become involved with any person or entity (whether or not such person or entity is introduced directly or indirectly by or through GiFang and the Website) for the purpose of:
    1. (i) avoiding or hindering any person from executing a Referral Agreement or similar binding documentation or otherwise establishing or terminating binding relations with GiFang (or its Associated Entities); or
    2. (ii) pursuing or undertaking an arrangement similar to that contemplated under a Referral Agreement for its own benefit and/or with any other person or entity without the involvement of GiFang; or
    3. (iii) bringing a Referral Agreement to an end;
  2. (b) will not, and will ensure that each of its Associated Entities do not, make any use of the Listing Information, any other information or content contained on the Website, or any part of it to the commercial, financial or competitive disadvantage of GiFang or any of its Associated Entities; and
  3. (c) will not, and will ensure that each its Associated Entities do not use the Listing Information, or any advantages derivable from the Listing Information in their own business or affairs.

16. TERMINATION 

16.1 GiFang may terminate the agreement constituted by these Terms (‘the Agreement’) on thirty (30) days’ prior written notice to the User, at any time and for any reason.

16.2 The User may terminate the Agreement on ninety (90) days’ prior written notice to GiFang.

16.3 GiFang may immediately terminate the Agreement on written notice to the User if: 

  1. (a) the User commits a breach of these Terms which GiFang considers is not rectifiable;
  2. (b) the User fails to rectify a breach of these Terms which GiFang considers is rectifiable within seven (7) days of receiving a written notice from GiFang specifying the breach and requiring the User to rectify it; or
  3. (c) the Listing Information, or any other content or data uploaded to the Website is defamatory, breaches any law or is false or misleading.

16.4 On termination of the Agreement GiFang may immediately remove all of the Listing Information from the Website and deny the access to the website without prior notice to the User.

16.5 The termination of the Agreement does not affect the User’s or GiFang’s rights as against each other that would otherwise have arisen pursuant to the Agreement in respect of any past breach of the Agreement. 

17. GENERAL 

17.1 These Terms, together with the Privacy Policy and the terms of any other notices or instructions given to the User under these Terms supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User and GiFang relating to the Website and the other matters dealt with in these Terms.

17.2 If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.  

17.3 Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

17.4 The User may not assign or transfer any rights to any other person without GiFang’s prior written consent.

17.5 These Terms are governed by the laws of Victoria, Australia. The parties agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria, and Courts entitled to hear appeals from these Courts. 

17.6 If any part or provision of these Terms is invalid, unenforceable or in conflict with any applicable law, that part or provision is deemed to have been removed or varied to the extent of the inconsistency. The remainder of these Terms will be binding on the parties. 

17.7 Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. privacy@GiFang.com or to any other email address notified to the User by GiFang. 

17.8 A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms. 

18. DEFINITIONS 

In these Terms, the following words have the following meanings unless stated otherwise: 

Associated Entities means, in relation to a party, Related Bodies Corporate and Associates of that party. 

Associate has the meaning given to it in section 318 of the Income Tax Assessment Act 1936 (Cth). 

Confidential Information means any information identified as being of a confidential nature, or that would be reasonably understood to be of a confidential nature. 

Data means any data uploaded by the User or with the User’s authority into the Website, including the User’s personal information.  

Advertising Member means a User which is granted access to the Website via a ‘Advertising Member’ user account. 

Intellectual Property Rights means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered or capable of registration. 

GiFang or we or us means GiFang Group Pty Ltd (ABN: 86 673 090 674), being the provider of the Website. 

Listing Information means all data comprised in any and all information and content that a User submits to, or uses with, the Website or otherwise provided to GiFang under these Terms. 

Privacy Policy means GiFang’s Privacy Policy, accessible from the Website. 

Referral Agreement means an agreement to be entered into between a User and GiFang, under which the User agrees to act as selling agent, in conjunction with GiFang in relation to a properties, whose information is contained in the Listing Information. 

Related Bodies Corporate has the meaning given to that expression in the Corporations Act 2001 (Cth). 

Terms means these Terms and Conditions of the Website. 

User means a person who uses the Website or any of the services available on the Website. 

User Content means any and all information and content that a User submits to, or uses with, the Website, including but not limited to Listings. 

Website means GiFang website found at www.GiFang.com, whether accessed via a mobile application, desktop internet browser or mobile internet browser.