The following expressions shall have the following meanings in this Agreement:
“Agent” means a Member who is a licensed real estate agent, and who is entitled by this Agreement to use the Agent functionality of this website specified in clause 3.2;
“Agreement” means this website terms and conditions and privacy policy document, including the above introduction together with clauses 1.0 – 26.0 inclusive;
“Force Majeure Event” means any war, riot, strike, natural or man-made disaster, fault in any communications network or computer equipment, or other circumstance of a similar nature;
“GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Intellectual Property” means copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual proprietary right or form of intellectual property;
“Blog” means the collection of general articles and videos related to real estate and property accessible on our website at [www.ipostcodes.com.au/blog].
“Listing” means any residential, rural, commercial or shared real estate listing, uploaded to our website by a Member;
“Member” means any person whose registration application is submitted, processed and accepted in accordance with the provisions of clause 4.0;
“Owner” means a Member who owns real estate and who is entitled by this Agreement to use the Owner functionality of this website specified in clause 3.2;
“Searcher” means a Member who is entitled by this Agreement to use the Searcher functionality of this website specified in clause 3.2;
“Services” means the intended functionality of this website, more particularly described in clause 3.2, and any ancillary and additional functionality provided by this website from time to time;
“We”, “Our”, “Us” and “iPostcodes” are references to iPostcodes Pty Ltd A.C.N: 134 411 519 / A.B.N: 86 134 411 519 ATF iPostcodes Hybrid Trust A.B.N: 91 626 822 519 and our business address is Suite 221, 189 Queen St, Melbourne, Victoria 3000, Australia;
“Website” or “website” means the internet website, the homepage of which is accessible on the World Wide Web via the universal resource locator (URL) of www.ipostcodes.com.au or ipostcodes.com.au;
“Working Day” means a day that is not a Saturday, Sunday or statutory holiday in Melbourne, Australia; and
“You”, “you”, “your” or similar means you, in your personal capacity, as a visitor, Member or other person who accesses this website for any reason or purpose.
In this Agreement, unless the contrary intention appears:
(a) the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
(b) a cross reference to a clause number is a reference to its subclauses;
(c) words in the singular number include the plural and vice versa;
(d) words importing a gender include any other gender;
(e) a reference to a clause is a reference to a clause or subclause of this Agreement;
(f) a reference to a subclause is a reference to a subclause of the clause in which that reference is made;
(g) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings;
(h) the introduction to this Agreement form part of and constitutes legally binding provisions of the Agreement;
(i) monetary references are references to Australian currency; and
(j) a provision of this Agreement shall not be interpreted against a party merely because that party prepared the provision or was responsible for its preparation.
3.1 This website is a real estate portal. The primary purpose of our website is to facilitate the introduction of Owners (or their Agents) on the one part, with Searchers on the other part. We are not a real estate agent.
3.2 The particulars of the primary functionality provided to Owners, Agents and Searchers via our website is as follows:
|
Functionality |
Owners |
Agents |
Searchers |
|
Upload Listings to website |
✓ |
✓ |
✓ |
|
Add unlimited photos to their Listings |
✓ |
✓ |
✓ |
|
Add an unlimited description to each of their Listings |
✓ |
✓ |
✓ |
|
Dual posting (the uploading of a Listing when a listing for the same property has been uploaded by an Owner) |
|
✓ |
|
|
Dual posting (the uploading of a Listing when a listing for the same property has been uploaded by an Agent) |
✓ |
|
✓ |
|
Update Listing |
✓ |
✓ |
✓ |
|
Search current Listings |
✓ |
✓ |
✓ |
|
Save Listing search results |
✓ |
✓ |
✓ |
|
Email alerts |
✓ |
✓ |
✓ |
|
Add Listing to favourites |
✓ |
✓ |
✓ |
|
Compare favourite Listings |
✓ |
✓ |
✓ |
|
Send, reply and forward messages to other Members |
✓ |
✓ |
✓ |
|
Public profile page (containing full contact details and credentials) |
|
✓ |
|
|
Flag inappropriate Listings |
✓ |
✓ |
✓ |
3.3 Unregistered users of our website are able to search Listings and access our online Library, but will not be able to utilise any other functionality specified in subclause 2.
3.4 We reserve the right to upgrade, downgrade or modify any of the functionality provided by our website at any time, at our sole discretion.
3.5 Detailed instructions and help regarding the functionality of our website is accessible at [http://help.ipostcodes.com.au].
4.1 You may only use or access our website or become a registered user on our website if you are over 18, you are able to form contractual relations, and it is lawful for you to do so in your jurisdiction. For instance, in certain jurisdictions you may be required to obtain licenses prior to using our website. All and any such laws, regulations and requirements are your responsibility and by using this website, you warrant that it is lawful for you to conduct and participate in the transactions contemplated in connection with your use of our website in all relevant jurisdictions and that you hold all relevant licenses.
4.2 You can register on our website at [www.ipostcodes.com.au/register]. In completing an application for registration on our website, you warrant and represent to us that the information contained on the registration form is true and correct.
4.3 You must promptly notify us of any changes to your registration details. You can change your registration details by logging into our website, and accessing and changing your details at [www.ipostcodes.com.au/myipostcodes] and following the relevant prompts.
4.4 You agree to be responsible for all and any activity performed on this website using your membership account. If you suspect that your membership account has been hacked or is being used by any third party, you must notify us immediately.
Our website may not be used in any manner that is illegal, discriminatory, abusive, insulting, threatening, obscene, harassing, racist, or otherwise inappropriate and your commission, or authorizing, aiding, abetting, encouraging or inciting any person to do or attempt to use our website in any such manner (including, but not limited to, by any one or more of the following acts) is strictly prohibited:-
(a) violation of all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited (including, but not limited to, laws relating to crimes such as theft and fraud, and laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy) and whether such violation is by way of the installation or distribution of "pirated” software or otherwise;
(b) unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active license is strictly prohibited;
(c) exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;
(d) introduction of malicious programs onto our webservers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;
(e) revealing your account password to others or allowing use of your membership account on our website by others is strictly prohibited (for the avoidance of doubt, this includes but is not limited to family and other household members, and any colleagues, partners or staff);
(f) using another person’s name, username or password or otherwise attempting to gain access to the membership account of any other person is strictly prohibited;
(g) using the services to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;
(h) making fraudulent offers of goods or services is strictly prohibited;
(i) effecting security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(j) executing any form of network monitoring which will intercept data not intended for you is strictly prohibited;
(k) circumventing user authentication or security of our website, or our network or any member account of our website is strictly prohibited;
(l) using any program/script/command, sending messages of any kind, or imposing unreasonable load on our website with the intent to interfere with, or disable, any persons' access to our website, via any means, locally or via the Internet, is strictly prohibited;
(m) sending unsolicited email messages in breach of the Spam Act 2003 is strictly prohibited;
(n) any form of harassment via email, or any other form of harassing or spam messaging, whether through language, frequency, or size of messages is strictly prohibited;
(o) unauthorized use, or forging, of email header information is strictly prohibited;
(p) solicitation of email for any email address, with the intent to harass or to collect replies is strictly prohibited;
(q) creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type is strictly prohibited; and
(r) use of the Services in breach of any persons privacy (such as by way of identity theft or "phishing") is strictly prohibited.
6.1 We do not presently charge any fees in connection with this website.
6.2 We may decide to charge fees and charges for the Services in the future. If we do, any associated payment terms and procedures will be set out at [http://help.ipostcodes.com.au]. Any such fees and charges payable in connection with this website shall be exclusive of taxes, duties and charges imposed or levied in Australia or overseas. Without limiting the foregoing, you shall be liable for any existing and new taxes, duties or charges imposed prior to or subsequent to the date of this Agreement in respect of the Services or which otherwise apply in respect of this website, from the date we may decide to charge any such fees and charges.
7.1 We provide a member communication service on our website that enables the transmission and receipt of short electronic messages between Members via our website.
7.2 We do not make any representation or provide any warranty in relation to the uptime of the member communication service, and you acknowledge that the member communication service may be subject to downtime and maintenance from time to time.
7.3 Whilst we do not generally actively monitor or view the content of communications transmitted via the member communication service, we reserve the right to monitor or intercept any communications transmitted via the member communication service if and to the extent permissible and required by law.
7.4 To the extent possible by law, we exclude all liability in respect of the content of messages transmitted via the member communication service.
7.5 You may not initiate any contact either via the member communication service or otherwise for the purposes of soliciting your or any third party real estate or other services to any Member of, or visitor to, our website and you warrant that you will not utilise our member communications service or make any enquiries in connection with any Listings unless the enquiries are genuine.
8.1 From time to time we will publish literature on our website, on matters relating to real estate.
8.2 We publish our own opinions and also acquire third party opinions for publication on our web site. Any opinions of third parties published on our web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of those opinions or their fitness for any particular purposes, to the extent permitted by law. Similarly, we do not guarantee the accuracy, completeness or usefulness of any of our own opinions, or any other information contained in any materials we publish on this website, or its fitness for any particular purpose, to the extent permitted by law.
8.3 You accept that any information provided on this website is for general information purposes only and is not in the nature of advice. We do not make any representations or warranties that the information we provide is reliable, maintained, up to date, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not purport to endorse the contents of opinions provided on our website nor the accuracy or reliability of those opinions. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us or any other persons on this website. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material or opinions on this web site, which is made available to you on our website.
9.1 If you are an Agent, you undertake and warrant that:
(a) you are fully licensed under the laws, rules, codes and regulations of the jurisdiction in which any Listing you upload to our website is located; and
(b) you will comply with all laws, rules, codes and regulations governing your real estate licence; and
(c) you will comply with all other applicable laws, rules, codes and regulations.
9.2 Agents may only upload Listings for which they have been specifically authorized in writing by the owners of the property the subject of the Listings to effect such uploads.
9.3 Nothing in this clause 9.0 limits Agents obligations in relation to any other provisions of this Agreement.
10.1 You are fully responsible for the content, pictures, descriptions, and data comprising all and any Listings you upload to our website.
10.2 Each time you upload a Listing to our website, you warrant and represent that you are authorised to do so, that the uploading of the Listing and the publication of the Listing on our website does not breach any third party contract (such as an exclusive agency agreement), the Listing does not breach any law, that the content of any such Listing does not breach any confidentiality agreement, and that the Listing is not misleading or fraudulent and does not result in us incurring any liability.
10.3 If you are an Owner, you may only upload Listings to our website where you own the property the subject of the Listing.
10.4 If you are an Owner and already have engaged the services of a real estate agent to sell or lease your property, you must enter the contact details of the Agent on the relevant Listing you upload, so that all enquiries submitted by users and Members of our website in connection with such Listing will be forwarded to the Agent. In such circumstances it is your responsibility, as an Owner, to obtain the consent of the Agent to receive such enquiries via our website.
10.5 Photographs uploaded with any Listing must be photographs of the real estate the subject of the relevant Listing.
10.6 The following ‘life cycle’ will apply to all Listings but is subject to change by us without notice:
|
Listing Type/Status |
Inactive |
Active |
Archived |
|
For Sale |
Upon uploading a Listing to our website, the Listing will be classified as “Inactive” until it is modified by the Member to be an “Active” or “Archived” Listing. If the Listing is not activated within 3 months it will automatically become classified as “Archived”.
|
“Active” Listings are classified as such for a period of 6 months only, after which time they expire and are classified as “Archived”, unless they are renewed within the initial 6 month period. Active Listings can be renewed in 3 month increments by the relevant Member logging into their membership account and clicking the “extend listing” button, however Listings cannot be Active for more than a total period of 12 months. |
Listings that have not been activated within the prescribed period or which expire are automatically classified as “Archived”. Listings classified as Archived are automatically deleted after 3 months of being archived. |
|
For Lease |
Upon uploading a Listing to our website, the Listing will be classified as “Inactive” until it is modified by the Member to be an “Active” or “Archived” Listing. If the Listing is not activated within 3 months it will automatically become classified as “Archived”.
|
“Active” Listings are classified as such for a period of 6 months only, after which time they expire and are classified as “Archived”, unless they are renewed within the 6 month period. Active Listings can be renewed in 3 month increments by the relevant Member logging into their membership account and clicking the “extend listing” button, however Listings cannot be Active for more than a total period of 12 months. |
Listings that have not been activated within the prescribed period or which expire are automatically classified as “Archived”. Listings classified as Archived are automatically deleted after 5 years of being archived. |
10.7 You must ensure that all and any Listings you upload to our website are accurate, and remain updated. The status of any Listing that is sold or leased must be modified by the relevant Member to “Archived”, within 7 days of the sale or lease.
10.8 We do not accept any responsibility or liability for any accidental or incorrect classification or automated deletion of any Listings by our website that does not accord with the provisions of subclause 6.
10.9 Agents can also upload Listings using our Autofeeder Services, pursuant to the terms and conditions of our Listing Autofeeder Agreement, accessible at [www.ipostcodes.com.au/Account/AutofeederTerms].
11.1 Without limiting any other provisions of this Agreement, you warrant that:
(a) you will comply with this Agreement and all and any of our reasonable directions or requirements;
(b) you are authorized to upload the content of all and any data you upload to our website and that you accept full responsibility for that content;
(c) in relation to any content that you upload to our website, you are either the owner of that content or are licensed to upload that content and licence that content to us. You hereby provide us with an unlimited, worldwide, royalty-free, perpetual, transferable, irrevocable licence to publish that content on our website;
(d) you may not sublicence access to our website or commercialise any content you obtain from our website (other than any content you own and have uploaded);
(e) you will not link to our website other than with our prior written express consent;
(f) you will ensure that any content you upload to our Website does not include any links to any external websites; and
(g) you will cooperate with us as and when reasonably required by us in connection with this website.
11.2 In addition to the licence provided by subclause 2(c), you hereby authorise and irrevocably licence us to use any content you upload to our website for the purpose of example listings or testimonials, and our other marketing materials that we may display on our website or in any other medium, from time to time, on an unlimited, royalty-free, worldwide, perpetual, transferable basis.
12.1 Except in relation to liability for personal injury (including sickness and death), we shall be under no liability to you in respect of any loss or damage (including any consequential, incidental, special, indirect or punitive damages or loss or any loss of profits or other form of economic loss) which may be suffered or incurred or which may arise directly or indirectly as a result of any use of, or access to, our website, by any person.
13.1 Subject to subclause 13.2, any condition, guarantee or warranty which would otherwise be implied in this Agreement is hereby excluded.
13.2 Where legislation implies in this Agreement any condition, guarantee or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, liability under such condition, guarantee or warranty, the condition, guarantee or warranty shall be deemed to be included in this Agreement. However, our liability for any breach of such condition or warranty shall be limited, at our option, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
You shall at all times indemnify and hold harmless us and our officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of them arising from any proceedings against any of them where such loss or liability was caused by:
(a) a breach by you of any of your obligations under this Agreement;
(b) any loss or damage incurred by any person or entity directly or indirectly connected with your use of the website;
(c) any wilful, unlawful or negligent act or omission by you; or
(d) any Listing uploaded to our website by you or via your Member account.
15.1 Without limiting any other provision of this Agreement, we may suspend your access to this website at any time if you are in breach of this Agreement.
15.2 Your use of our website and entry into transactions with registered users of this website and third parties is at your sole risk.
15.3 We do not warrant that our website is free from viruses or other interference. It is your responsibility to take all relevant precautions to minimise or avoid the risk of virus or interference.
15.4 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
15.5 The publication of information on our website does not constitute a recommendation or endorsement by us of any products, services or Listings. Any content uploaded to our website is solely the responsibility of the Member who uploaded the content. While we reserve the right to suspend or terminate any Member’s account or remove Listings for breach by any Member, of this Agreement, we do not review all Listings and we do not accept responsibility for Members’ Listings.
15.6 We do not warrant that our website will be available at all times or at any specific times, and we are not responsible in the event a service is not supplied due to technical difficulties affecting our website, including without limitation any technical difficulties connected to our webservers, or your computer or webbrowser.
15.7 To the extent possible by law, we accept no responsibility for defective goods or services or negligently supplied goods or services supplied by registered users of our website, or by us on this website including the failure of any services to correspond with the descriptions or samples of the goods or services or the failure of any goods or services to be of merchantable quality.
15.8 We have no control over the availability, quality, relevance, appropriateness and scope of goods and services supplied by or between registered users of our website, and we do not warrant the truth or accuracy of any representations made by or between registered users. We have no control over representations made by registered users of our website to each other.
15.9 Except as required by law, we do not undertake to retain website content or data or to retain records of specific transactions effected via this website.
15.10 We are not a real estate agency. We do not act as agent for any party. We are an independent contractor, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15.11 The use of this website by you is not a substitute for any financial, legal or property advice from an experienced professional. We recommend you seek appropriate advice from relevant experienced professionals prior to making any decision to enter into any real estate transaction.
16.1 Copyright in this website (including without source code, object code and the contents of each web page on our website) is owned by or licensed to us. Except as expressly authorised by this Agreement, you may not in any way adapt, reproduce, mirror or commercialise any information, content or part of this website, without our prior written permission.
16.2 You acknowledge and agree that the ownership in all and any intellectual property rights in this website belongs to us or third parties, subject to and except as expressly authorised by this Agreement. Accordingly, any part of this website (and its source and object code) may not be adapted, used, transferred, copied, sold, sublicensed or reproduced in whole or in part in any manner other than for the purposes of using this website in accordance with this Agreement.
16.3 Postcodes mapping information supplied by, and copyright FindMap [http://www.FindMap.com.au]
17.1 You must not use any of our trademarks without our prior written consent.
18.1 This website may contain links to third party websites. We are not responsible for, nor do we endorse or recommend any such websites. You may not link to our website without our prior written consent.
19.1 While we will seek to take reasonable steps to maintain the security of personal information you provide to us (for the avoidance of doubt, this does not include the content of any Listings), we cannot guarantee the security of any data transmission to or from our website.
20.1 This Agreement shall be governed by the laws of New South Wales and the Commonwealth of Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
20.2 Without limiting the foregoing, you hereby agree that:
(a) your entering into this Agreement and the transactions contemplated are not in breach of any law or regulation of the jurisdiction in which you access our website; and
(b) you will not commence any legal action against us for any reason, in any jurisdiction other than New South Wales, Australia.
21.1 Where any dispute arises between the parties concerning this Agreement, or the circumstances, representations, or conduct giving rise to the Agreement, no party may commence any court or arbitration proceedings relating to the dispute (other than for injunctive relief) unless that party has complied with the procedures set out in this clause 21.0.
21.2 The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
21.3 If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.
21.4 The mediation must be conducted in accordance with the procedures adopted by the Australian Commercial Disputes Centre. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected and his/her fee determined by the President for the time being of the Law Society of New South Wales.
22.1 We may suspend our obligations to perform this Agreement if we are unable to perform as a direct result of a Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
22.2 Where our obligations have been suspended pursuant to subclause 1 for a period of 30 days or more, either party may immediately terminate this Agreement by giving notice in writing to the other party.
We aim to provide you with a quality website. If, however, you feel that you have cause to complain about our website, you can contact us at the address given above. You may also flag any Listings you consider to be inappropriate. We will try to do our best to solve any problems that arise.
24.1 We may collect website users' contact information (like their e-mail addresses). Unless you object, your information may be used for our administrative purposes and:
(a) to send you news, information about our activities and general promotional material which we believe may be useful to you;
(b) to send you announcements, notifications and advertisements on behalf of third parties;
(c) if there is any allegation of breach of intellectual property, we will supply the contact details of the member who supplied us with the relevant content, to the person making the allegation, if required by law;
(d) to monitor who is accessing the website or using services offered on the website; and
(e) to profile the type of people accessing the website.
Examples of the above communications include sending you emails in connection with the following:
• Registration Activation Link
• Thankyou for posting
• Welcome email
• Property Email Alerts
• Personal Reminders and Notes
• Property Enquiry by users
• Users Flagging - "bad contact information" "fradulent, scam or offensive" "no longer available" "wrong category" "other reason"
• Support Responses
• iPostcodes Updates; and
• Send to a Friend "Listed property", "Article" "Blog"
24.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, you may opt out of certain communications by following the procedures at [www.ipostcodes.com.au/myipostcodes] or you can e-mail us accordingly however in certain circumstances we may be unable to continue to supply Services to you and we may in our discretion terminate your membership with our website in such circumstances. Otherwise, you hereby consent unconditionally to us using your contact information for the above purposes specified in subclause 1.
24.3 We utilise “cookies” which enable us to record statistics based on the use of our website. We also use third party software such as Google Analytics to monitor the use of our website, to improve our website, and for reporting purposes for both us and advertisers who advertise on our website.
24.4 We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not directly related to your use of this website.
24.5 If you request us not to use personal information in a particular manner or at all, we may terminate your membership access to our website if it is not practical for us to continue supplying you with access to our website as a result of complying with your request.
24.6 We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
24.7 Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
24.8 The data centres that house our computer servers are located both in Australia and in foreign jurisdictions. You consent to the transfer by us of your personal data to and from those data centres in any such jurisdictions.
24.9 If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, please contact us.
24.10 For further information on your privacy rights, please visit the Office of the Privacy Commissioner.
25.1 Any notice or other communication in connection with this Agreement shall be:
(a) in writing; and
(b) left at the address or sent by prepaid post or email to the address or email address of the relevant party, or any replacement address or email address notified by that party.
25.2 Notices or other communications are deemed received:
(a) if delivered by hand, on delivery;
(b) if delivered by post:
(i) on the third day following posting if sent and received within Australia; and
(ii) on the tenth day following posting to or from an overseas destination; and
(c) if delivered by email, on the intended recipient of the email’s email server or client confirming the receipt of the email to the sender of the email.
25.3 Members may configure email notifications and alerts by following the procedure at [www.ipostcodes.com.au/myipostcodes].
26.1 Assignment: You may not assign or novate your rights or obligations under this Agreement. We may assign or novate our rights and obligations under this Agreement in our absolute discretion.
26.2 Entire Agreement: This Agreement constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.
26.3 Our rights: Any express statement of any of our rights under this Agreement is without prejudice to any other of our rights expressly stated or implied in this Agreement or existing at law.
26.4 Partial invalidity: If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
26.5 Amendment: We may amend this Agreement at any time in our absolute discretion. The most up-to-date version of this Agreement shall be accessible online at [www.ipostcodes.com.au/Account/Terms].
26.6 Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
26.7 Further assurances: The parties must each do all such further acts (and sign any documents), as may be necessary or desirable for effecting the transactions contemplated by this Agreement.
26.8 Inactivity: If you are a member of our website, you must log in to your account at least once every 90 days. Inactive member accounts may be terminated by us at any time without notice.
26.9 Termination: We may terminate this Agreement and your access to our website:
(a) if you breach this Agreement and fail to remedy the breach within 7 days of notice of the breach; or
(b) at any time at our convenience for any reason without notice.