Terms & Conditions

Legal agreement

If you do not have the time to read this whole document, please just read this:

As we do not create, review, endorse or recommend any of the advertising on our website, to the fullest extent allowable under the law, we disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any person through relying on anything contained in or omitted from our website.

Legal terms

If you browse or otherwise access any content or data on the aofun.com.au website, you agree to be bound by these General Terms.

You may also refer to our Privacy Policy for details of how we deal with your personal information.

Should you object to these General Terms, our Privacy Policy, or any other terms of use, you should immediately stop using our website.

Your acknowledgements

In using our website, you acknowledge that:

  1. our website is an advertising platform for third parties to place advertisements, and all advertising on our website (including real estate and related goods or services) is created by third parties, and has not been reviewed for accuracy in any way by us;
  2. some of the Chinese language advertising on this website were created by us, by translating a English language advertisement. The only work done by us is the translation, and we have not in any way checked the accuracy or truthfulness of the underlying claims made in the advertisement;
  3. a display of advertising on our website does not imply an endorsement or recommendation by us. The advertising does not represent our views. You rely on the advertising completely at your own risk;
  4. we make no warranties as to the accuracy, truthfulness or reliability of any of the information contained on our website. You should always check this information yourself;
  5. before purchasing or entering into any rental agreement for any real estate advertised on our website, we strongly recommend undertaking physical inspection of the property, and engaging independent professional advice from building surveyors, lawyers, financial advisors and real estate agents; and
  6. our website includes hyperlinks to websites operated by third parties. Those third party websites are not under our control or responsibility. We disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any person through relying on anything contained in or omitted from third party websites.

Use of our website

Copyright

  1. The content on our website is copyright. Apart from fair dealing permitted by the Copyright Act 1968, we grant visitors to the site permission to download copyright material only for private and non-commercial purposes.
  2. You agree to not reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptions of, publicly display, sell, trade or in any other way exploit the material on our website for any other purposes.

Illegal or inappropriate uses

In accessing or using our website, you agree that you will not:

  1. violate the rights of any person, including copyright, privacy, trade secrets, or any other intellectual property or proprietary right;
  2. falsely pose as any person or entity, or attempt to solicit money, passwords or personal information from any person;
  3. act in violation of any applicable law;
  4. use any device, software or other means to interfere, or attempt to interfere, with the proper working of our website;
  5. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
  6. distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  7. use any device, software or other means to retrieve, scrape, or index our websites or any content on our website;
  8. harvest or otherwise collect information about users, including email addresses, without their consent.
  9. use or index any data on our websites to:
    1. construct or populate a database of properties or property information; or
    2. compete with us in any way that we have not specifically authorised;
  10. take any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem in our sole discretion to be unreasonable or disproportionate site usage; or
  11. use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available.

Should we consider your conduct to be in violation of these terms, we may use technological barriers to prevent your access to our website, or report your conduct to any authority, person or entity.

Linking to our website

You may not hyperlink to any part of our website unless we consent. If we do allow you to link to our website, it is on condition that you do not:

  1. inaccurately attribute our content as being your own or someone else's content (for example, using your own logo as the anchor to link to our content); or
  2. create a link that appears to be a link to our website, that actually links to somewhere else.

Articles and informative content

Any articles or guides on our website are of a general nature only and do not consider your personal objectives, financial situation or particular needs. This content should not be regarded as professional advice or relied upon by you or any other person in such a way. You should seek professional advice before acting on the content.

Limitation of liability

Consumer rights

Should you suffer any damages in the course of using our website, or if you are in any other way unsatisfied with the services provided by our website, certain consumer rights and remedies may be available to you under the Competition and Consumer Act 2010 (Cth) or similar legislation of the States or Territories. Those rights generally cannot be excluded by contract, and in other cases, can only be restricted to a certain extent.

Limitation

To the extent permitted by those laws:

  1. Where our liability to you in relation to your use of our website cannot be reduced to zero, our liability is restricted, at our option to
    1. the re-supply of the relevant services; or
    2. the payment of the cost of re-supply of those services.
  2. Where our liability can be reduced to zero, we disclaim all liability and responsibility for any loss or damage which may be suffered by any person in relation to any use of our website, or relying on anything contained in or omitted from our website. The types of damage excluded includes but is not limited to:
    1. indirect damage;
    2. consequential damage;
    3. loss of profits or revenue;
    4. loss of goodwill;
    5. loss of customers;
    6. loss of or damage to reputation;
    7. loss under or in relation to another contract;
    8. loss of damage
    9. loss of anticipated savings; or
    10. loss of anticipated business or opportunities.

Your disputes with third parties

If you have a dispute with one or more third parties, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes.

Notices

Legal notices must be served us at Suite 6, Level 9, 350 Collins Street Melbourne, or info@aofun.com.au. Notice by email will be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Notice by mail will be deemed given three days after the date of mailing.

Legal disputes

Alternate dispute resolution

If a dispute arises between us and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution.

We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Applicable law and courts

  1. Your use of our website, these General Terms, our Privacy Policy and all of our other legal terms and notices will be governed by and construed in accordance with the laws of Victoria, Australia.
  2. By using our websites you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

Future changes to terms

We may change any or all of these terms or any other terms relating to the use of our website at any time, by publishing the new terms on our website. Your use of our website constitutes your agreement to the terms in effect at the given time.

Additional terms for advertisers

Additional terms apply to you if you advertise with us:

  1. if you advertise any real estate with us, you agree to be bound by the Advertiser Terms of Use and the Acceptable Use Policy;