If you browse or otherwise access any content or data on the purplecowcreative.com.au platform, including its website, mobile site or apps, you agree to be bound by the terms and conditions herein.
If you are a purplecowcreative.com.au customer the general terms and conditions applicable to your purplecowcreative.com.au subscription.
We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.
Information on our platform and in any purplecowcreative.com.au publication should not be regarded as a substitute for professional legal, financial or real estate sales values or pricing advice.
PurpleCow Holdings Pty Ltd t/as PurpleCow Creative (PC) is responsible for maintaining our platform and all purplecowcreative.com.au publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our platform by or on behalf of PC, and any Third Party Content on our website) and PC and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our platform or publications.
Restrictions on use of websites
In accessing or using our platform you agree that you will not:
(i) constructing or populating a searchable database of properties,
(ii) building a database of property information; or
(iii) competing with us in any manner that we have not specifically authorised;
We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
The subject matter on and accessible from our platform and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, PC grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of purplecowcreative.com.au copyright material beyond such use, written permission must be obtained directly from PC or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
Third party links and advertising
Our platform often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our PCl estate agency customers. Those third-party websites do not form part of our platform and are not under the control of or the responsibility of PC. When you link to those websites you leave our platform and do so entirely at your own risk. PC and its related entities make no warranty as to the accuracy or reliability of the information contained on any third-party websites, and PC and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by PC.
In this section ‘Contributions’, means information including data, text, video, still images, audio or other material that
PC has permitted you to host, share, publish, post, store or upload on our platform as permitted under these terms.
PC may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, PC may remove or disable access to any or all your Contributions if it considers that:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of our platform;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
You retain all of your ownership rights in your Contributions. PC is under no obligation to treat your Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, you grant PC a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of our platform a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by PC and these terms.
You grant PC, in respect of Contributions to its website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
For any Contributions that you may retain moral rights in, you declare that:
You represent and warrant that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other
monies payable by reason of any Contributions made by you;
(ii) are misleading or deceptive;
(iii)are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of our platform.
Third Party Content
Our platform contains content provided to PC by other parties (Third Party Content). PC does not have a practice of monitoring or making inquiries about Third Party Content. PC is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of PC. You rely on Third Party Content completely at your own risk.
Our apps are provided subject to the platform or software provider’s terms.
If you download one of our apps through iTunes, you acknowledge that these terms incorporate an end user licence agreement between you and PC. The end user licence agreement is between us and you – it is not an agreement between Apple Inc. (Apple) and you.
We grant you a non-transferable licence to use the app on any iPhone or iPod touch that you own or control. You must comply with the Usage Rules in the App Store Terms.
You acknowledge that:
If the app fails to comply with a warranty (if any), you may notify Apple and Apple will refund the app purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a warranty failure (if any) is our responsibility.
We are (and Apple is not) responsible for:
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this end user licence agreement and that, your acceptance of these terms (and this end user licence agreement), gives Apple (and you accept that Apple has) the right to enforce the end user licence agreement against you as a third party beneficiary of the agreement.
Apps accessible via Android devices include software from The Android Open Source Project Copyright (c) 2005-2008, The Android Open Source Project. Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.
Terms and Conditions for purplecowcreative.com.au Connect
Purplecowcreative.com.au Connect is a household utilities comparison service which allows you to compare and apply to purchase utilities products and services provided by various third parties such as energy, gas and telecommunications providers (Household Utilities) at a nominated address. You may access ‘purplecowcreative.com.au Connect’ either:
If you use purplecowcreative.com.au Connect, the additional terms and conditions also apply.
You represent and warrant that:
You agree to indemnify and hold PC and its affiliates (and their officers, agents, partners and employees) harmless against any and all loss, liability, claim or demand (including reasonable attorneys’ fees) arising out of, or in connection with your use of and access to our platform or making Contributions not in accordance with these terms.
Policy for linking to our website
You may only link to content on our platform if we consent. If we do allow you to link to our platform, it is on condition that you do not:
We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.
Limitation of liability
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. 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.
Your use of our platform, these terms, and all of our legal terms and notices will be governed by and construed in accordance with the laws of Queensland, Australia and by using our platform you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
Last update December 2017
Atlas Building 2-8 Brookhollow Ave, Baulkham Hills New South Wales 2153 Australia
19 Mapelton Circuit, Parkinson Queensland 4115 Australia
M: PO Box 7542 Baulkham Hills NSW, New South Wales 2153 Australia
P: +61 2 9659 5246; F: +61 2 9659 5247