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Terms and Conditions of Use

These Terms and Conditions of Use constitute an agreement between Engaging Communications Pty Ltd ACN 140 718 038 (Engaging Communications) and you, the franchisee of Century 21 Pty Ltd ACN 109 150 058 (Century 21), who has signed up to use the service of converting still images and recorded voiceovers relating to a particular property for sale, rent or otherwise uploaded by you (Material), into an audio visual format (Video) (Service) using the online, real time data management system used by you to enable you to provide online real estate services (eSales Platform). By clicking “I accept” and using the Service, you agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you should not use the Service.

 

Your Representations
You represent and warrant that:

 

a) all of the information provided by you to Engaging Communications, in order to use the Service, is correct and current; and

b) you have all necessary right, power and authority to enter into and perform your obligations under these Terms and Conditions of Use.

 

Obligations
You agree that, on clicking “I accept”, you will pay the amount of $34.95 AUD or $54.95 AUD (Purchase Price) by credit card when prompted.

 

You acknowledge that, by clicking “I accept”, you will not have any further opportunity to preview or amend the Material, or the final format of the Video, and are required to pay the Purchase Price notwithstanding that no preview of the Video will be provided. 

 

You agree that you will not upload Material that is:

 

a) defamatory, obscene, harassing, threatening or other unlawful; or

b) confidential to yourself or a third party.

 

You acknowledge that you are solely responsible for all response of your actions from your use of the Service. You will immediately notify Engaging Communications of any unauthorised use of the Service that you become aware of.

 

You agree to indemnify Engaging Communications in respect of any liability incurred by Engaging Communications for any loss, damage, expense or cost (including legal costs), howsoever caused, suffered by you as a result of your breach of these Terms and Conditions of Use.

 

You agree that Engaging Communications may use contractors to fulfil its obligation to provide the Service, but acknowledge that this will not release Engaging Communications of its liability.

 

Delivery
Within 24 hours of confirmation of payment, you will be provided a Storyboard of the video where you can either confirm of make final amendments. Once we have received this confirmation, you will receive an email within 24 hours which includes a link to your finalised mp4 video file. The link will also be uploaded to eSales.

 

Trade Marks
The trade marks, service marks and logos (Trade Marks) used in providing the Service to you are registered or unregistered Trade Marks of Engaging Communications or its licensors. You may not copy, reproduce, adapt or transmit any Trade Mark in any form without Engaging Communications’ prior consent.

 

Copyright
You agree that Video generated by Engaging Communications in providing the Service is the property of Engaging Communications. Except as provided by the Copyright Act 1968 (Cth) or any other applicable laws, no part of the Video may be copied, reproduced, adapted or transmitted in any form by any process, without Engaging Communications’ prior written consent.

 

Your Intellectual Property
Any intellectual property rights in the Material you upload on the eSales Platform through using the Service shall be owned by you or the relevant third party licensor. By uploading the Material on the eSales Platform, you grant to Engaging Communications a royalty-free, worldwide, perpetual, non-exclusive licence to use the Material for the purpose of displaying or distributing the Service through the eSales Platform. You acknowledge that Engaging Communications reserves the right to refuse to accept of any of the Material uploaded on the eSales Platform at its sole discretion.
 
Privacy
Engaging Communications agrees to use any of your personal information in accordance with Engaging Communications’ privacy policy and applicable privacy laws in Australia.
 
Liabilities, Indemnities and No Warranties
Engaging Communications does 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 the Service, nor does Engaging Communications accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed by using the Service.

 

Engaging Communications is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Service. You must take your own precautions to ensure that whatever you select for your use of the  Service is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

 

You agree to hold harmless and indemnify Engaging Communications and its affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments and legal costs.

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose, quiet enjoyment or non-infringement. Where legislation implies any condition or warranty, and that legislation prohibits Engaging Communications from excluding or modifying the application of, or Engaging Communications’ liability under, any such condition or warranty, that condition or warranty will be deemed included.

 

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

General
You may not assign or sublicense any of your rights or obligations under these Terms and Conditions of Use. Engaging Communications may assign and/or sublicense all of its rights and/or duties at its sole discretion to any third party.

 

These Terms and Conditions of Use constitute the entire agreement between you and Engaging Communications for the use of the Service. Any previous understanding, agreement, representation or warranty relating to the Service is replaced by these Terms and Conditions of Use.
 
The Terms and Conditions of Use are governed by the law in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions of Use, and waive any right you may have to claim that those courts are an inconvenient forum.

In the event that any provision of these Terms and Conditions of Use should be determined to be unenforceable or invalid to any extent by a Court of competent jurisdiction, such provision shall be deemed to be modified as needed to ensure its enforceability to the maximum extent permitted under the law and shall not affect the validity and enforceability of any other remaining provisions.

 

Contact email: [email protected]

 

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