Terms of Use

This website and its contents (“Website”) is owned and operated by Realside Property Pty Ltd A.B.N. 60 634 585 210 (“Realside”, “we”, “us”, “our”).

1. Introduction

1.1 These terms and conditions of use outline the rules and regulations for the use of our Website. By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as “Terms of Use”).

1.2 The Terms of Use govern the use of this Website and outline the terms of use of the Website and any communications, facilities or content available via the Website.

1.3 We reserve the right to amend these Terms of Use at any time without notice. We therefore encourage you to check this document regularly.

1.4 By using and/or visiting the Website, you affirm that you are either14 years of age or older, or an emancipated minor, and you possess legal parental or guardian consent. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

2. Links to Third Party Sites

This Website may contain information from, or hyperlinks and other pointers, to internet websites operated by third parties. We have not reviewed all of the sites linked to the Website and assume no responsibility and accept no liability for the condition or content of third party websites that may be linked to or accessed from the Website. We do not authorise or endorse the content of those third-party websites and shall not be liable for any loss arising out of their use. Use of any such linked website is at the user’s own risk.

There will also be marketing related cookies offered on the Website, which you can opt-out of at any time.

3. Competitions and Promotions

Certain parts of the Website may contain competitions or promotions from us or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant

competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, we specifically retain the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

4. General Use of the Website — Permissions and Restrictions

We hereby grant you permission to access and use the Website for your own personal use subject to the restrictions set out in these Terms of Use as follows:

a) You agree that you will not republish in any medium any material from the Website, including but not limited to Content or User Submissions (all terms as defined below), without our prior written authorisation.

b) You agree not to access User Submissions or Content defined below) through any technology or means other than the provided functionality of the Website itself, or other explicitly authorised means we may designate.

c) You agree not to use the Website for any commercial use, without our prior written authorisation. Prohibited commercial use includes (but are not limited to) any of the following actions taken without our express approval:

i. Sell, rent or sub-license material from us;

ii. Reproduce, redistribute, duplicate, copy, download, store (in any medium), adapt or change material from us;

iii. Any use of the Website or related services that we find, in our sole discretion, to use our resources or User Submissions with the effect of competing with or displacing the market for us, our Content or User Submissions;

iv. Submit, or authorise to be submitted, any data or content from our Website (or data or content we otherwise give you access to) to any large language models or other machine learning or artificial intelligence platforms, tools, programs, software, operation, and/or similar (AI Programs);

v. use, or authorise to be used, any data or content from our Website (or data or content we otherwise give you access to) for any purpose in relation to any AI Programs, including to create, develop, train, and/or otherwise improve any AI Programs and/or for the purposes of generating replicated or derivative content from such AI Programs.

d) You agree not to use the Website in any manner which is unlawful or which violates any right of us or other users. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. In your use of the Website, you will otherwise comply with these Terms and Conditions, and all applicable laws and regulations.

e) You acknowledge that we reserve the right to discontinue any aspect of the Website at any time without notification.

5. Use of personal information gathered

Your privacy is important to us. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy at https://maddingtoncentral.com.au/privacy-policy/for details of how we collect, store and use your personal information and how you can access your personal information or raise a complaint about the management of your personal information.

6. Your use of Content and User Submissions of the Website

6.1 Excluding any User Submissions, all content on the Website, including without limitation:

a) the registered and unregistered trademarks, service marks and logos contained therein;

b) software, source code, scripts, imagery, graphics, photos, sounds, music, videos, and any other intellectual property including copy and/or legal disclaimers.

(collectively, the “Content“), are owned by or licensed to us, and are subject to copyright and other intellectual property rights under the law.

6.2 You may access Content and User Submissions solely:

a) for your information and personal use; and

b) as intended through the normal functionality of the Website.

6.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website or Content or User Submissions therein.

7. Disclaimer and liability

7.1 This Website is provided on an “as is” basis and use of the Website is at your own risk. While we have used our best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, we do not accept responsibility for any error, omission or defect in the information.

7.2 Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). To the fullest extent permissible by law, subject to any Non-Excludable Guarantees, we, our related entities, affiliates, partners and suppliers and their respective directors, employees, agents and contractors, expressly exclude all terms, representations and warranties, express or implied, in connection with the operation of the Website, your use of or access to the Website, or inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.

7.3 To the fullest extent permitted by law, except for any liability that cannot by law be excluded, including under the Non-Excludable Guarantees, we, our related entities, affiliates, partners and suppliers, and their respective directors, employees, agents and contractors, exclude all liability in contract, tort (including negligence) or otherwise, or any loss or damage, whether direct, indirect, incidental, special and/or consequential, arising in any way out of any use of or access to the Website, or any inability to use or access the Website, the results of your access or any information, content or products or services available on the Website.

7.4 To the fullest extent permitted by law, for liability that cannot be excluded by law including under the Non-Excludable Guarantees, our liability shall be limited at our sole option to, if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired and, if the breach relates to services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.

7.5 Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website.

7.6 We do not warrant that the Website, or the servers on which the Website are hosted, are free of software viruses or defects. Accordingly, we are not liable for any loss suffered as a result of any such viruses or defects.

8. Indemnity

To the extent permitted by law, you agree to defend, indemnify and keep indemnified us, our related entities, affiliates, and their respective officers, employees, agents and contractors (“those indemnified”), from and against any and all claims, damages, obligations, losses, liabilities, costs (including but not limited to legal cost) or debt, and expenses which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the breach of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.

9. Intellectual Property

The Website and all related material and content available on the Website is subject to and protected by copyright, trade mark and other intellectual property laws. All intellectual property rights in relation to the Website and all related material and content is owned by us, and/or our suppliers or licensors respectively. All rights reserved.

You may view, access or interact with the Website for your own personal use in the same form as presented via the Website, or as otherwise indicated via the Website or these Terms of Use only, and provided you do not remove any copyright or trade mark notices. You must not otherwise copy, communicate, modify, transfer, distribute, sell, publish, post or store any of the contents of the Website, or incorporate any part of the Website into another website without our prior express consent.

10. Site Terms of Use Modifications

We may, in its sole discretion, modify or revise the Terms of Use for our Website, the Privacy Policy, or any of its other policies at any time without notice. By using this Website, you are agreeing to be bound by such modifications or revisions. We recommend periodically revisiting the Terms of Use to ensure you are kept up to date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

11. Termination and Cancellation

We reserve the right in our sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms of Use herein, we will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on our liability will survive such termination.

12. Severability

In the event that any provision of these Terms of Use is held to be invalid, illegal or unenforceable, that provision shall to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.

13. Governing Law

The Terms of Use are governed by and to be construed in accordance with the laws of Western Australia, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia.

We make no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at maddingtoncentral@cbre.com or 08 9466 5950