Website terms and conditions of use
By accessing or otherwise using the RUN Website, you agree to be bound by these conditions of use. You acknowledge that RUN provides access to the RUN Website to you subject to these conditions of use.
The RUN Website is a service provided by RUN for the following purposes:
By accessing or otherwise using the RUN Website, you agree to be bound by these conditions of use. You acknowledge that RUN provides the RUN Website to you subject to these conditions of use.
RUN is entitled, at its sole discretion, to amend, add or remove any part of these conditions of use at any time without notice. You should periodically read these conditions of use. Your continued use of the RUN Website after this time constitutes an agreement by you to abide by and be bound by these conditions of use, as so amended.
Unless indicated otherwise, all intellectual property in the RUN Website is owned or licensed by RUN (RUN Website IPR). Subject to these conditions of use, RUN grants to you a non-exclusive and non-transferable limited licence to:
view, download and use information directly accessible through the RUN Website; and
use the RUN Website IPR for the purpose of online personal property management only.
You agree that, subject to your use of the RUN Website in accordance with the limited licence granted to you, you will not infringe RUN's intellectual property in the RUN Website and will not modify, copy, republish, frame, distribute or communicate any part of the RUN Website or any information contained therein or otherwise use the RUN Website in a way which will infringe RUN's intellectual property or other rights.
Except as provided by law, the RUN Website is provided "as is" and without any warranty or condition, expressed or implied.
RUN does not warrant that the information contained in or accessible through the RUN Website is accurate, suitable for your purposes or without errors, omissions or viruses. RUN does not guarantee continuous, uninterrupted or secure access to the RUN Website. You acknowledge that access and use of the RUN Website (including the software operating in connection with the RUN Website) may be interfered with by numerous factors outside of RUN's control. RUN does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the RUN Website.
Subject to the provisions of the Trade Practices Act 1974, RUN makes no representations or warranties in respect of the information and materials available on the RUN Website or the means of accessing that information and material (including the software operating in connection with the RUN Website). RUN makes no warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than RUN which are or may become linked or framed to or from the RUN Website.
Use of Information
If you upload or otherwise provide any information or content (Content) in the course of accessing or using the RUN Website, you agree that such Content will be available to RUN to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another's privacy, sexist, racist, homophobic, violent, degrading;
infringes the intellectual or other proprietary interests of third parties;
impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services RUN considers to be inappropriate;
violates any law, statute or regulation;
forges information to disguise the origin of any Content; and
encourages or incites any other Customer to engage in any of the above behaviour.
You agree to grant RUN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in RUN's favour.
Access to your online personal property management service is password protected. Either memorise your password or store your password in a safe and secure place. Do not disclose your password to anyone unless you wish to allow them to access your online personal property management service and information relating to your property portfolio, including revenue per property, photos and addresses.
Limitation of Liability
You agree that RUN is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising out of, or in connection, with:
- the use of the RUN Website;
- the use by RUN of information provided by you to RUN through the RUN Website;
- being unable to access the RUN Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your RUN Website password by you or any third party whom you have made the password available.
To the extent that RUN is able to limit the remedies available under these conditions of use, RUN expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at RUN's sole discretion):
- in the case of goods, any one or more of the following:
- the replacement of the goods or supply of equivalent goods;
- the repair of the goods;
- the repayment of the costs of replacing the goods or of acquiring equivalent goods; or
- the payment of the costs of having the goods repaired; and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
You indemnify RUN against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these conditions of use; or
- any breach or inaccuracy in any representations or warranties made to RUN.
You must not establish links on any other website to the RUN Website or any other part or parts of the RUN Website without the prior written consent of RUN.
RUN may alter any of the content on this website at any time.
Breach and termination
Choice of Law and Use of RUN Website
These conditions of use, and the agreement of which they form part, is to be governed by the laws of the State of Victoria, Australia. RUN has designed the RUN Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the RUN Website outside the Commonwealth of Australia. The RUN Website is available only to people in Australia who can form legally binding contracts under applicable law.
Customer or you: means existing or potential customers of RUN or persons accessing or otherwise using the RUN Website.
RUN or us: means [RUN Property Pty Ltd] ACN 100 949 166.
RUN Website: means the website accessible through the address: www.RUN.com.au and operated by RUN.
www.RUN.com.au Level 1, 107 High Street, Prahran, VIC 3181
Director and Licensed Estate Agent: Sam Herszberg ABN: 68 100 949 166