Terms of Use (Website)

Last updated: 24 February 2022 

These terms of use (Terms of Use) govern your use of the website located at https://realtair.com/ (including any platforms and mobile applications) (website) which are owned and operated by Realtair Office Pty Limited (ACN 619 539 374) and its related bodies corporate (we, us, our).

1. Terms of use

1.1  By using the website, you agree to be bound by these Terms of Use. Please read them carefully. Your use of the website indicates your acceptance of these Terms of Use.

1.2  We reserve the right to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these terms regularly prior to using our website to ensure you are aware of any changes. Your continued use of the website following any changes indicates your acceptance of the changes. The date these Terms of Use was last updated will be set out at the start of the document.

1.3  Questions about these Terms of Use can be submitted to us at blake@realtair.com

1.4  You can only use and access the website to the extent you are legally able to do so in your State, Territory and/or country.

1.5 We reserve the right to prohibit anyone from using the website for any reason.

2. Intellectual property rights

2.1  Unless explicitly stated otherwise, we own, or are the licensee of, all rights (including intellectual property rights), title and interests in and to all content (including directories, guides, news articles, blog posts, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks, graphics, logos and icons) available on the website (our Content). These Terms of Use do not transfer any rights or ownership, including any intellectual property rights, from us to you or any third parties.

2.2  Trademarks (whether registered or unregistered), logos and graphics must not be used or modified in any way without obtaining our prior written consent.

3. Acceptable use

3.1  You must use the website, including our Content, for lawful purposes and in a way which does not infringe the rights of any third party or restrict or inhibit anyone’s use of the website and/or our Content, products and services.

3.2  You must not do any of the following in respect of the website and our Content.

    (a) Copy, distribute, republish, download, display, post or transmit any of our Content in any form or by any means except for your informational use only and for the sole purpose of considering whether our products and services are suitable for your needs.

    (b) Use, copy, modify, or create derivative works of any of our Content for any commercial use (including for use in a manner that competes with our business in any way).

    (c) Engage in any activity that infringes the intellectual property rights, privacy, confidentiality, or other rights, of any third-party.

    (d) Engage in any activity that is or may be considered illegal, immoral or result in liability of any kind using our Content.

    (e) Post or transmit any unauthorised material, including material that is (in our opinion) offensive, inflammatory, defamatory, racist, obscene or threatening.

4. Privacy

Your use of this website and/or our products and services may involve the transmission to us of certain personal information (as that term is commonly defined under privacy laws and regulations). Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy available at https://realtair.com/privacy-policy/

5. Third-party products and linked websites

The website and our products and services may contain links to third-party provided facts, views, opinions, statements and recommendations, websites, products, and services (together, Third-Party Content). We do not make any representations or warranties in relation to, and exclude all liability from, Third Party Content.

6. Warranties and liability

6.1  Your use of our website, Content and Third-Party Content is entirely at your own risk. None of the Content, Third-Party Content, information and/or materials provided through our website, or otherwise by us, is in the nature of advice. Information and/or materials provided through the website are general in nature and subject to change and we have no obligation to verify and/or update such information or materials.

6.2  We do not provide warranties of any kind in relation to the website and Content. To the fullest extent permitted by law, and except where otherwise set out in these Terms of Use:

    (a) we expressly disclaim all warranties, express or implied, of any kind with respect to the website and our Content, including without limitation that the website will be uninterrupted or error-free or regarding the results that may be obtained from the use of the website, or use of our Content provided through the website; and

    (b) we and our directors, officers, employees, representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the website or our Content.

6.3  You acknowledge and agree that to the extent our liability cannot be excluded in accordance with clause 6.2(b), our aggregate liability to you or any third-party in connection with these Terms of Use whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to $100.

6.4  To the extent permitted by law, the website, our Content and Third-Party Content available to you through the website are provided “as is” and “as available” for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement.

6.5  These Terms of Use, including this clause and our disclaimer clause above do not limit or exclude any non-excludable rights you might have under any applicable law, including under Australian consumer law.

7. Indemnity

You agree to indemnify, hold harmless and keep us and our associates, directors, officers, employees, agents, contractors indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of, or relating to your conduct, your use of this website, your breach of provisions of these Terms of Use, or your breach of any third party’s rights, including intellectual property rights.

8. Maintenance

We may at any time and without notice, modify, suspend or terminate the operation of, or access to the website, or any part of, for any reason, to interrupt the operation of the website, or any part of, as necessary to perform maintenance, error correction or other changes.

9. General

9.1  Nothing in these Terms of Use will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.

9.2  These Terms of Use contain the entire understanding between you and us concerning the subject matter of the agreement and supersedes all prior communications.

9.3  Any failure by us at any time to enforce these Terms of Use or any rights will not be a waiver of such rights or affect the validity of these Terms of Use.

9.4  If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.

9.5  These Terms of Use are governed by, and construed in accordance with, the laws of New South Wales, Australia and the courts of the jurisdiction will have exclusive jurisdiction over any dispute arising out of these Terms of Use.