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Terms & Conditions

Beproperty Competition Site terms and Conditions

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Effective 1st May 2019.

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  1. Introduction

Beproperty and its parent company RMB Developments Pty Ltd (BEPROPERTY) and its website www.beproperty.net.au Web site, its facebook page and associated landing pages (“Site”), and its cash promotional service (“Service”) General Disclaimer

As part of the Site membership you may receive Email (“Email Message ”) communications from BEPROPERTY. These messages will always appear to come from BEPROPERTY and are considered to include the following:

    1. Promotional Emails;

    2. Emails sent for research purposes;

    3. Emails sent as part of a survey; and

    4. Any other email based communications sent from BEPROPERTY to you.

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2. Acceptance of Terms

Entry into the Service is conditional upon acceptance and compliance with these site terms as well as any notices or disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS"). Your entry to this service is also conditional on the acceptance of the Terms And Condition (“T&C”) of any competition or prize draw you enter as part of this Service.

BY USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY the T&Cs and the TOS.

If you do not agree to our TOS, which includes by incorporation our Privacy Policy and the T&Cs of any competition you enter that are part of this Site, you must not enter into any service on this website or send an email to admin@beproperty.net.au to remove your entry and details from the website

This Site is provided to promote the products and services of BEPROPERTY including any specific competitions T&Cs published on this site for individual prize draws or competitions you can enter. BEPROPERTY reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the Services. You should check these TOS periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these TOS is noted above. Your use of the Site following any modifications to these TOS shall be deemed to be your assent to any such modifications.

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3. Description of Service

The BEPROPERTY is a real estate agent promoting its products and services as well as offering some marketing and promotional incentives to clients via cash prizes.

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Each competition made available on the BEPROPERTY website will have specific T&Cs which will relate how the winner of that prize draw will be selected

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For individuals who enter a competition where all entrants have an equal chance of winning the prize draw, Entrants will be awarded 1 Allocation when they enter the prize draw and will be eligible to win prize draw by complying with the T&Cs of that specific draw.

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Conditions of Entry

BEPROPERTY Members must agree to accept email promotions and survey invitations from us. This is the principal method participating in the competitions offered by the BEPROPERTY.

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BEPROPERTY reserves the right to send you email messages from time to time for which relate to your membership and may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail.

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As a condition of your entry into our competitions you represent and warrant that:

    1. You are at least 18 years of age;

    2. You are a permanent resident of Australia;

    3. All information supplied by you is complete, true and accurate;

    4. You understand and agree that if your entry is terminated for your breach of this agreement, you will lose the right to participate in the program or prize draw, including the current prize draw. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of BEPROPERTY;

    5. You agree that no interest shall accrue on any cash prize winnings

    6. You understand and agree that BEPROPERTY will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued BEPROPERTY rewards or prizes;

    7. You must inform BEPROPERTY of any change in your personal details, including email address and street address. Rewards and prizes will be made in favour of you and will be delivered to the address specified entry. Prizes are not transferable to any other person;

    8. You will not send unsolicited email (SPAM) to strangers to promote the BEPROPERTY Service;

    9. You will not post material that contains or encourages indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the BEPROPERTY site into disrepute;

    10. In the event that you suspect a security breach with your entry or electronic contact details you will immediately notify BEPROPERTY; and

    11. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting BEPROPERTY Points or with any other activity on the site.

 

BEPROPERTY may reject any new competition entry from any person with or without cause at its sole discretion. BEPROPERTY reserves the right to terminate a Member's entry in the event that the Member provides false or misleading membership information or otherwise violates these TOS or the T&Cs of any competition the member has entered.

Employees of Beproperty and their immediate families are ineligible to participate in the BEPROPERTY program.

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4. Third Party Promotions

A part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by BEPROPERTY or its affiliates, directors or employees.

Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that BEPROPERTY will not be held responsible or liable for any part of any such dealings or promotions.

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5. Linked Sites

BEPROPERTY may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by BEPROPERTY in any way. BEPROPERTY is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply BEPROPERTY' endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall BEPROPERTY be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. BEPROPERTY reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

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6. Privacy Policy

The information collected and used by this Site is governed by the BEPROPERTY Privacy Policy.

  1. Disclaimer of Warranties

To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, BEPROPERTY excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, BEPROPERTY's liability for breach of such term will be limited, at its option, to one or more of the following:

    1. in relation to goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of such goods;

      3. the payment of the cost of replacing the goods or acquiring equivalent goods; or

      4. payment of the cost of having the goods repaired;

    2. in relation to services:

      1. the supply of services again; or

      2. the payment of the cost of having the services supplied again.

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7. Limitation of Liability

To the extent permitted by law, BEPROPERTY, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BEPROPERTY has been advised of the possibility of such damages), resulting from:

    1. the use or the inability to use the service;

    2. the use of, or reliance on any information published on the site;

    3. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

    4. unauthorised access to or alteration of your transmissions or data;

    5. statements or conduct of any third party on the service; or

    6. any other matter relating to the service.

BEPROPERTY shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.

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8. Indemnification

You indemnify BEPROPERTY, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.

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9. Termination

You may terminate your entry into any cash prize with BEPROPERTY at any time by using the facility provided on the Site. If you terminate your entry you will not be eligible to participate in the current prize draw or any future prize draw from the date of termination.

For eligible winners if your contact email address or phone number becomes invalid or unusable we will suspend your cash prize from any winnings for a period of 30 days from the time we become aware of the problem in order to correct your contract details. During the period of suspension You will not be eligible to remain entered in any future competitions until we have re-validated your email address. Other than a notification on the Site BEPROPERTY will not be responsible for notifying you that your account has been suspended.

BEPROPERTY reserves the right to terminate your entry without notice or cause, at its sole discretion or for any reason including:

    1. Your breach of this TOS;

    2. Your breach of the T&Cs of any competition you have entered in this Site;

    3. Any conduct by you that we believe is detrimental to the business interests or reputation of BEPROPERTY; and

    4. Any action taken by you that harms or potentially harms BEPROPERTY or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions and Services

If BEPROPERTY terminates your membership you will not be eligible to participate in the current or any future prize draw from the date of termination.

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10. Intellectual Property

You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by BEPROPERTY, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

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11. Applicable Law

These terms of service are governed by the laws in each State and Territory of Australia and the parties agree to be bound by the non-exclusive jurisdiction of these States and Territories of Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

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