GAVL - Terms & Conditions
GAVL is an online platform for streaming of real estate auctions which is operated by GAVL AUST Pty Ltd (ACN 611 741 854) ("we", "us", "our"). The following terms and conditions ("Terms") govern your use of the GAVL online platform, the website www.gavl.com.au and any of our mobile device applications or other remote services providing access to the GAVL online platform (together, "GAVL Platform").
Please read the Terms carefully as they apply to your use of the GAVL Platform. By using the GAVL Platform, you agree to be bound by the Terms. We may amend the Terms at any time. Your continued use of the GAVL Platform is deemed to be acceptance of the amended Terms. If you do not agree to the amended Terms, you must cease using the GAVL Platform
Use of the GAVL Platform
- In order to access the GAVL Platform, you will first be required to register and provide personal information about yourself (including your name, phone number and email address). You warrant that any information you provide to us as part of registering for access to the GAVL Platform will be accurate and complete.
- You acknowledge and agree that:
(a) the GAVL Platform only facilitates the communication of data or content between users (whether real estate agents or members of the public), provides information relating to upcoming or live real estate auctions and streams live real estate auctions made available via the GAVL Platform;
(b) the GAVL Platform does not provide you with the functionality to conduct a real estate auction or place or accept any bids on any real estate auctions.
- You must not use the GAVL Platform:
(a) so as to breach any law or regulation, infringe a third party's rights (including trade mark, copyright or other intellectual property rights), or breach any standard, content requirements or codes promoted by any relevant authority;
(b) in connection with any information or material that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, inappropriate or indecent;
(c) in any manner that is unlawful;
(d) to send excessive unsolicited data to third parties;
(e) in a manner that is fraudulent or interferes with or disrupts the proper working of the GAVL Platform.
- You must not:
(a) alter, tamper with, reverse engineer, decompile or disassemble the GAVL Platform;
(b) copy, adapt, modify, reproduce, store, distribute, print, display, broadcast, publish, communicate or make available to the public, or create derivative works of, the whole or any part of the GAVL Platform, except as otherwise expressly permitted by the Terms or as otherwise expressly permitted by us in writing, or to the extent permitted by law;
(c) use any robot, spider, scraper, data mining process or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the structure, security or layout of the GAVL Platform;
(d) directly or indirectly, introduce or permit the introduction of, any virus, worm Trojan horse, time bomb of other harmful code in or on the GAVL Platform, or in any manner whatsoever corrupt, degrade or disrupt the GAVL Platform;
(e) link to the GAVL Platform from any other website without our prior written consent.
- Unless expressly stated otherwise, we own or are licensed to use all intellectual property rights (including without limitation copyright and trademark) subsisting in the GAVL Platform and in any materials on the GAVL Platform.
- We authorise you on a non-exclusive and revocable basis to reproduce and download the materials solely and strictly for your own personal and non-commercial use and not for any other purpose, provided that you do not modify the content or data in any way (including any copyright notice).
- Nothing in the Terms transfers ownership of any intellectual property rights to you and we reserve all rights in respect of the GAVL Platform not expressly granted by the Terms.
- When you upload, transmit, post or otherwise make available any materials in any format via the GAVL Platform, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, publish, transmit or otherwise use that content in any way and for any commercial purpose or activity;
(b) warrant that you have all the necessary rights to grant the above licence;
(c) agree to fully indemnify and hold us (including our officers, agents, partners and employees) harmless against any expenses, costs, loss (including consequential or indirect loss) or damage that we may suffer or incur as a result of a breach of the above warranty;
(d) waive any moral rights (as defined by the Copyright Act 1968 (Cth)) which you may have in respect of your materials.
- We do not sponsor, recommend or endorse any material you upload, transmit, post or otherwise make available in any format via the GAVL Platform and we may at any time, remove any such material from the GAVL Platform without prior notice and without any liability to you.
Third party content
- The GAVL Platform may contain or aggregate materials from third parties, including public comments, advertisements, data, content, information, links to other websites ("Third Party Content").
- We do not have control over, and are not responsible for, any Third Party Content (including its accuracy, reliability, currency or completeness). Unless expressly stated otherwise, we do not sponsor, recommend or endorse any Third Party Content.
- You acknowledge and agree that:
(a) you are responsible for all of your activity in connection with accessing and using the GAVL Platform and the use of the GAVL Platform is at your own risk;
(b) the GAVL Platform is made available for general information purposes only and is provided to you on an "as-is" and "as available" basis.
- We do not warrant, represent or guarantee that any data, information or content (including any Third Party Content) on the GAVL Platform is accurate, reliable, current or complete, nor do we accept any responsibility arising in any way from any errors or omissions. You should verify the accuracy of any data, information or content (including any Third Party Content) on the GAVL Platform before relying on it.
- We do not warrant, represent or guarantee that your access to the GAVL Platform will be continuous or free of any fault, virus, worm, Trojan horse, time bomb of other harmful code. We may at any time and at our sole discretion and for any reason, change or discontinue any feature on the GAVL Platform and remove or restrict your access to the GAVL Platform.
Liability & indemnity
- To the maximum extent permitted by law, all express or implied guarantees, warranties, representations and other terms and conditions of any kind in relation to the GAVL Platform not contained in the Terms are expressly excluded.
- If any guarantee, warranty, term or condition is implied or imposed in relation to the Terms under the Australian Consumer Law or any other applicable legislation (a "Non-excludable Condition"), then our liability for breach of the Non-excludable Condition is limited, at our option, to the resupply of the services or the cost of having the services supplied again.
- Except for liability in relation to a breach of a Non-excludable Condition, we exclude all liability to you or any third party, whether arising in contract, tort (including negligence) or otherwise, for any loss or damage (including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business) arising in relation to the use or reliance of any part of the GAVL Platform or any data, content or information contained on the GAVL Platform (including any Third Party Content, any recommendations or results generated by the GAVL Platform, the inability to use any part of the GAVL Platform or the features on the GAVL Platform), even if we knew the loss or damage was possible or otherwise foreseeable.
- You agree to fully indemnify and hold us (including our officers, agents, partners and employees) harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the GAVL Platform, including any breach by you of the Terms.
- If any provision of the Terms is held to be invalid, unenforceable or illegal for any reason, then that provision will be severed and the remainder of the Terms will remain in full force and effect.
- The Terms will be governed by and is to be construed in accordance with the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.