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OZZIEMARKET.COM.AU API LICENCE TERMS AND CONDITIONS

Version 1 – © Ozziemarket Pty Ltd, 2011

 

1. Effect of these API Terms and Conditions

These ozziemarket.com.au API Terms and Conditions govern your use of the ozziemarket.com.au API and forms the basis of a legally-binding contract between you and ozziemarket.com.au regarding the use of the ozziemarket.com.au API.

IF YOU DON’T AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD, INSTALL, COPY, USE OR ACCESS THE OZZIEMARKET.COM.AU API. YOUR DOWNLOAD, INSTALLATION, COPYING, USE OR ACCESSING THE OZZIEMARKET.COM.AU API CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

 

2. The ozziemarket.com.au Application Programming Interface

  (a) The ozziemarket.com.au application programming interface (the “ozziemarket.com.au API”) is produced by ozziemarket Pty Ltd (“ozziemarket.com.au”). The ozziemarket.com.au API provides access to specified ozziemarket.com.au content from points outside of the ozziemarket.com.au domain. The extent of your access to the ozziemarket.com.au API is governed by these Terms and Conditions and by the ozziemarket.com.au API Scope of Use Specifications issued to you.

  (b) ozziemarket.com.au may change, suspend, or discontinue any aspect of ozziemarket.com.au API at any time without notice to you.

  (c) ozziemarket.com.au may or may not offer upgrades or updates to ozziemarket.com.au API or any technical or maintenance support for ozziemarket.com.au API, in its sole discretion.

  (c) ozziemarket.com.au may also impose limits on certain features and services or restrict access to parts or all of ozziemarket.com.au API, related content and services without notice or liability.

 

3. Amendments to these Terms and Conditions

These Terms and Conditions may be changed by ozziemarket.com.au at any time without notice, and you are responsible for regularly reviewing these Terms and Conditions. Your continued use of the ozziemarket.com.au API after the effective date of such changes will constitute your agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the ozziemarket.com.au API and remove the ozziemarket.com.au API (and associated software code) from your website.

 

4. Licence to download, access, and use the ozziemarket.com.au API

Subject to these Terms and Conditions, and except as otherwise expressly set forth in these Terms and Conditions, ozziemarket.com.au grants you a worldwide, non-exclusive, non-transferable, non-sub licensable right and license to download, access, and use the ozziemarket.com.au API to the extent specified in ozziemarket.com.au API Scope of Use Specifications (the “Licence”).

 

5. Termination of the Licence

The Licence continues until terminated by either party. You may terminate the Licence by discontinuing use of the ozziemarket.com.au API and by destroying all your copies thereof. The Licence terminates automatically if:

(a) you violate any term of these terms of Use;

(b) ozziemarket.com.au publicly posts a written notice of termination on ozziemarket.com.au’s web site; or

(c) ozziemarket.com.au sends a written (including email or text message) notice of termination to you directly.

 

6. Fees

ozziemarket.com.au reserves the right to charge fees for future use of or access to ozziemarket.com.au API or ozziemarket.com.au content and services at ozziemarket.com.au’s sole discretion.

 

7. Restrictions on Licence

The ozziemarket.com.au API is the property of ozziemarket.com.au and protected by copyright law. The Licence conferred under these Terms and Conditions is subject to the following restrictions:

  (a) You must not sell the ozziemarket.com.au API or services, information or software associated with or derived from the ozziemarket.com.au API.

  (b) You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the ozziemarket.com.au API except to the extent that you are expressly permitted by law or by us (in writing) to do so.

  (c) You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the ozziemarket.com.au API. Without limitation, you may not change any code provided by ozziemarket.com.au, you may not obscure or disable any element of the ozziemarket.com.au API, and you may not tag links to ozziemarket.com.au from the ozziemarket.com.au API with a “nofollow” attribute or otherwise prevent or discourage search engines from following or scoring the link.

  (d) You must not use the ozziemarket.com.au API in a way that overloads or could damage or disable our search services (e.g., using the ozziemarket.com.au API in an automated manner). You must not use the ozziemarket.com.au API in a way that interferes with the use and enjoyment of ozziemarket.com.au’s search services.

  (e) You must display the API in a manner approved by us, which may include branding specifications, crediting ozziemarket.com.au in your display and in any manner agreed in the ozziemarket.com.au Scope if Use Addendum.

  (f) You must not display the API on any site that disparages ozziemarket.com.au or its products or services, infringes any ozziemarket.com.au intellectual property or other rights, or violates any applicable law.

  (g) You must not establish or maintain any hyperlink or any other link from your website to any other website (apart from ozziemarket.com.au’s websites), that operates as a real estate portal or fulfils a similar purpose to ozziemarket.com.au’s websites.

You agree that ozziemarket.com.au may crawl or otherwise monitor your website for the specific purpose of confirming compliance with this clause 7.

 

8. Warranties, Liability and Indemnity

  (a) Ozziemarket.com.au provides the ozziemarket.com.au API on an “as is” basis, without any warranties whatsoever. ozziemarket.com.au excludes all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Competition and Consumer Act 2010) which cannot be excluded. ozziemarket.com.au limits our liability for breach of any non-excluded condition (to the extent that the law allows liability for such breach to be limited) to (at our option) re-supply of the ozziemarket.com.au API or payment of the cost of re-supply.

  (b) Subject to the above, ozziemarket.com.au excludes all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with your use of the ozziemarket.com.au API, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, ozziemarket.com.au will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

  (c) You acknowledge that you use the ozziemarket.com.au API at your own risk. You will be solely responsible for any harm to your computer or loss of data that results from using the ozziemarket.com.au API.

  (d) You agree that you are responsible for all third-party software, hardware, and services used in connection with ozziemarket.com.au API. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with ozziemarket.com.au API, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.

  (e) You agree to indemnify and hold ozziemarket.com.au and its licensors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your download, access, and/or use of ozziemarket.com.au API, including any content or services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or any rights of another person or entity.

 

9. General Provisions

  (a) These Terms and Conditions represent the entire agreement between you and us in relation to your use of the ozziemarket.com.au API and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding your use of the ozziemarket.com.au API.

  (b) If a court or tribunal of competent jurisdiction finds any provision or part of these Terms and Conditions to be invalid or unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.

  (c) No waiver of any provision in these Terms and Conditions will be effective unless it is in writing signed by one of our authorised officers.

  (d) These Terms and Conditions are governed by the laws of the State of New South Wales, Australia.

 

 

OZZIEMARKET.COM.AU WIDGET TERMS OF USE

© Ozziemarket Pty Ltd 2017

 

1. Effect of these Terms of Use

These ozziemarket.com.au Widget Terms of Use govern your use of the ozziemarket.com.au Widget and forms the basis of a legally-binding contract between you and ozziemarket.com.au regarding the use of the ozziemarket.com.au Widget.

IF YOU DON’T AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD, INSTALL, COPY, USE OR ACCESS THE OZZIEMARKET.COM.AU WIDGET. YOUR DOWNLOAD, INSTALLATION, COPYING, USE OR ACCESSING THE OZZIEMARKET.COM.AU WIDGET CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE.

 

2. The ozziemarket.com.au Widget

  (a) The ozziemarket.com.au Widget (the “ozziemarket.com.au Widget”) is produced by ozziemarket.com.au Pty Ltd (“ozziemarket.com.au”). The ozziemarket.com.au Widget provides access to specified ozziemarket.com.au content or ozziemarket.com.au partner and co-branded site content from points outside of the ozziemarket.com.au domain.

  (b) ozziemarket.com.au may change, suspend, or discontinue any aspect of ozziemarket.com.au Widget at any time without notice to you.

  (c) ozziemarket.com.au may or may not offer upgrades or updates to ozziemarket.com.au Widget or any technical or maintenance support for ozziemarket.com.au Widget, in its sole discretion.

  (d) ozziemarket.com.au may also impose limits on certain features and services or restrict access to parts or all of ozziemarket.com.au Widget, related content and services without notice or liability.

 

3. Amendments to these Terms of Use

These Terms of Use may be changed by ozziemarket.com.au at any time without notice, and you are responsible for regularly reviewing these Terms of Use by visiting www.ozziemarket.com.au/syndication. Your continued use of the ozziemarket.com.au Widget after the effective date of such changes will constitute acceptance of, and agreement to any such changes. If you object to any such changes, your sole recourse is to stop using the ozziemarket.com.au Widget and remove the ozziemarket.com.au Widget (and associated software code) from your website.

 

4. Licence to download, access, and use the ozziemarket.com.au Widget

Subject to these Terms of Use, and except as otherwise expressly set forth in these Terms of Use, ozziemarket.com.au grants you a worldwide, non-exclusive, non-transferable, non-sub licensable right and license to download, access, and use the ozziemarket.com.au Widget (the “Licence”).

 

5. Termination of the Licence

The Licence continues until terminated by either party. You may terminate the Licence by discontinuing use of the ozziemarket.com.au Widget and by destroying all your copies thereof. We may terminate the Licence by withdrawing access to the ozziemarket.com.au Widget.

The Licence terminates automatically if:

  (a) you violate any term of these Terms of Use;

  (b) ozziemarket.com.au publicly posts a written notice of termination on ozziemarket.com.au’s web site; or

  (c) ozziemarket.com.au sends a written (including email or text message) notice of termination to you directly.

  (d) The use of the widget exceeds expected serviceable amount of traffic, in which case ozziemarket.com.au may need to remove or throttle the service.

 

6. Restrictions on Licence

The ozziemarket.com.au Widget is the property of ozziemarket.com.au and protected by copyright law. The Licence conferred under these Terms of Use is subject to the following restrictions:

  (a) You must not sell the ozziemarket.com.au Widget or services, information or software associated with or derived from the ozziemarket.com.au Widget.

  (b) You must not modify, adapt, translate, derive, decompile, reverse engineer, disassemble or derive source code from the ozziemarket.com.au Widget except to the extent that you are expressly permitted by law or by us (in writing) to do so.

  (c) You must not remove or obscure any copyright notice, trademark, logo or any proprietary rights notice that is on or contained in the ozziemarket.com.au Widget. Without limitation, you may not change any code provided by ozziemarket.com.au, you may not obscure or disable any element of the ozziemarket.com.au Widget, and you may not tag links to ozziemarket.com.au from the ozziemarket.com.au Widget with a “nofollow” attribute or otherwise prevent or discourage search engines from following or scoring the link.

  (d) You must not use the ozziemarket.com.au Widget in a way that overloads or could damage or disable our search services (e.g., using the ozziemarket.com.au Widget in an automated manner). You must not use the ozziemarket.com.au Widget in a way that interferes with the use and enjoyment of ozziemarket.com.au’s search services.

  (e) You must not display the Widget in any manner that implies affiliation with, sponsorship, or endorsement by ozziemarket.com.au. Any reference to ozziemarket.com.au must be accurate, e.g. reference in the context of real estate and property finance would be in context, but the sexually explicit content would not be in context.

  (f) You must not display the Widget on any site that disparages ozziemarket.com.au or its products or services, infringes any ozziemarket.com.au intellectual property or other rights, or violates any applicable law.

  (g) You must keep all code made available by ozziemarket.com.au associated with the Widget strictly confidential within your organisation.

You agree that ozziemarket.com.au may web crawl or otherwise monitor your website for the specific purpose of confirming compliance with this clause 6.

 

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