Listing terms

1. Publication of Advertising

1.1	Subject to these Terms, Ozunitz Pty Limited (ACN 133 377 830) (the Company) will use its reasonable endeavours to publish advertising submitted by Customers ('Advertising') in the format submitted by the Customer on the unitforrent.net.au, unitz.com.au or ozunitz.com.au (jointly or severally, as the context dictates, the Unitz Website. 'Advertising' includes images submitted for publication.

1.2	Customer grants Company a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form and in any medium. Company may publish print Advertising online or vice versa. Customer warrants that it has the right and authority to grant Company the licence referred to in this clause 1.2

2. Right to Refuse Advertising

2.1	Neither these Terms nor any written or verbal quotation by Company represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between Company and a Customer when Company publishes the Advertising.

2.2	Even if a contract has been formed in accordance with the above clause, Company reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Company).

3. No Agency

3.1	You acknowledge and agree that the Company does not act as your agent in relation to properties that you advertise on the Website. The Company is not involved in the actual transaction between you and any third party. You enter into any transaction with a third party entirely at your own risk.

4. Customer’s obligations

4.1

You agree that in advertising on the Website:

-	you have the authority to advertise the properties that you list;
-	you will comply with all applicable laws and codes; and
-	you will remove property listings from the Website if requested to do so by the Company;

4.2

You may remove your property listing from the Website at any time.

4.3

You may not use any material on the Website to establish, maintain or provide your own publications (including marketing or promotional material), contact details database or Internet Website. Nothing in this agreement should be construed as granting any right of use in relation to any material or trade mark displayed on the Website without the express written consent of the relevant owner.

5. Submission of Advertising and Customer Warranty

5.1

Customer warrants to Company that the Advertising and the publication by Company of the Advertising does not breach or infringe:

a.	the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;
b.	any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
c.	any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
d.	State or Commonwealth anti-discrimination legislation;
e.	the Privacy Act (Cth);
f.	any financial services law as defined in the Corporations Act 2001(Cth); or
g.	any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

5.2

Customer warrants that in respect of Advertising that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.

5.3

Customer must not submit Advertising for publication that contains contact details for the Customer unless those contact details include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.

5.4

Company will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by Company's negligence).

5.5

Customer’s Advertising material must comply with Company's specifications. Company may reject the Advertising material if it is not submitted in accordance with such specifications.

5.6

Advertising material will only be accepted if the file includes the correct Company booking identification.

6. Listing fee and GST

6.1	Where applicable, the Customer must pay the listing fee specified on the Website at the time of submitting Advertising material. Listing fees may be varied at any time by Company without notice.

6.2	If the listing fee does not include GST, Customer must pay any applicable GST at the same time as it pays for the listing fee. Company will provide Customer with a tax invoice or adjustment note (as applicable) in a GST compliant form.

6.3	The Customer is liable for all taxes, duties or government charges payable in connection with this agreement whether applying at the date of this agreement or in the future.

7. Exclusion of Warranties

The Company excludes, to the extent permitted by law, all conditions and warranties relating to the Website, including any representations or warranties that the Website will be uninterrupted or error free. To the extent that the Company’s liability for breach of any implied warranty or condition cannot be excluded by law the Company’s liability will be limited, at its option, to the re-supply of the services or the payment of the cost of having the services re-supplied.

8. Breach

Without limiting the Company’s other rights and remedies at law, the Company may terminate this agreement, and remove your property listings from the Website, immediately at any time by giving you 7 days notice in writing if you breach this agreement (or we have reason to suspect that you have breached this agreement).

9. Liability and Indemnity

9.1	The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Company in connection with the Advertising.

9.2	Company will not be liable for any delay or failure to publish Advertising caused by a factor outside Company's reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

9.3	Company excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with this agreement and any Advertising published by Company, whether that liability arises in contract, tort (including by Company's negligence) or under statute. Without limitation, Company will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of goodwill, loss of data, loss of revenue and loss of business opportunity.

9.4	The Customer indemnifies Company and its officers, employees, contractors and agents (the 'Indemnified') against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer's breach of this agreement and any negligent or unlawful act or omission of the Customer in connection with the Advertising, the Unitz Website or this agreement.

10. Assignment

Company may assign this agreement at any time. Customer may not assign this agreement without the Company’s prior written consent. No delay or waiver by the Company in enforcing any provision of this agreement will be deemed a waiver of the Company’s rights.

11. Privacy

Company collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. Company may disclose this personal information to credit reporting agencies and other third parties as part of provision of the Advertising.

12. General

12.1	If a term of this agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of the agreement will not be affected.

12.2	This agreement, together with any terms and conditions to which it refers, comprises the entire agreement between you and the Company and supersedes all prior understandings, agreements or representations. No purchase order or other document issued by the Customer will vary this agreement.

12.3	The Company reserves the right to amend this agreement and the listing fee specified on the Website at any time by notification on the Website. In this event, your subsequent or continued use of the Website will constitute your acceptance of any change(s). If you object to any change(s), your only remedy is to immediately discontinue your use of the Website. Otherwise, you will be deemed to have accepted the change(s).

12.4	This agreement is governed by the laws of the state of New South Wales and Customer submits to the non-exclusive jurisdiction of the courts of the State of New South Wales.

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