Terms of Use

TERMS OF USE FOR VISITORS

LEGAL INFORMATION

Contractual Terms of Use of the mskproperty.com Website.

These Terms of Use for Visitors and our Privacy Policy form the basis on which you may access and use our Website, including its websites, any subdomains of those websites, and mobile sites (together called “our Website” in these terms).

Other notable terms include:

mskproperty.com – the Website; accessible on computer, tablet, mobile, and other applications;

MSK by TYPE II – the name of the Website, used in logos, promotional content, and to refer to the Website or the TYPE II Pty Ltd (otherwise known as MSK INTERNATIONAL PROPERTY) business entity;

If you browse or otherwise access any content or data on the mskproperty.com Website(s) (including its website and mobile sites) you agree to be bound by these terms.

We reserve the right to change any or all of our terms of use or other conditions for using our Website at any time by publishing the new terms or conditions on our website. Your use of our Website constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our Website your sole option is to immediately cease your use of our Website.

We do not warrant that content, links, or subdomains contained on, or associated with our website will be available and accessible to you at all times. We may change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain on our website at any time without prior notice to you. We do not warrant that any links that you forward will remain constant at the time that you forward or share them, as they are subject to change at any time without notice to you.

Information on our Website and in any MSK by TYPE II publication should not be regarded as a substitute for professional legal, financial, property management, translation, photography, or real estate advice.

MSK by TYPE II is responsible for maintaining our Website and all MSK by TYPE II publications make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Website by or on behalf of MSK by TYPE II, and any Third Party Content on our website including any content or information relating to listings for property or property related services. MSK by TYPE II and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Website or publications.

Restrictions on use of websites

In accessing or using our Website you agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our website;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website;

(c) undertake 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;

(d) use or index any content or data on our Website for purposes of:

(i) constructing or populating a searchable database of properties,

(ii) building a database of property information; or

(iii) competing with us in any manner that we have not specifically authorised;

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(f) use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;

(i) act in violation of any Term of Use or other condition posed by us or any applicable law;

(j) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our website, except as expressly authorised by us; or

(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, MSK by TYPE II grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of MSK by TYPE II copyright material beyond such use, written permission must be obtained directly from MSK by TYPE II or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Third party links and advertising

Our Website often includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our Website of some of our real estate agency customers. Those third party websites do not form part of our Website and are not under the control of or the responsibility of MSK by TYPE II. When you link to those websites you leave our Website and do so entirely at your own risk. MSK by TYPE II and its related entities make no warranty as to the accuracy or reliability of the information contained on any third party websites, and MSK by TYPE II and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by MSK by TYPE II.

You specifically acknowledge that

MSK by TYPE II is only an advertising Website and makes no warranty as to the accuracy or reliability of the information posted by its advertisers.

MSK by TYPE II is not responsible for the conduct of advertisers.

On any contract entered into between our advertisers and our visitors as a result of the usage of our Website we receive a predetermined commission as per our contractual agreements with said advertisers.

The services that MSK by TYPE II provide are that of referrals to advertisers only, and MSK by TYPE II is not responsible and provides no warranty for the information that the advertisers provide or the services that the advertisers provide to any person.

Communications through website

In this section ‘Communications’, means information including data, text, video, still images, audio or other material that MSK by TYPE II has permitted you to share, publish, post, store or upload on our Website as permitted under these terms.

You make and receive Communications using our website at your own risk.

(b) share your information with our service providers and other third parties so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services including contacting you in relation to the products or services.

MSK by TYPE II may at any time, without liability to you, remove, alter or disable access to any or all of your Communications in its sole discretion without prior notice to you. Without limiting the previous sentence, MSK by TYPE II may remove or disable access to any or all your Communications if it considers that:

(a) those Communications are in breach of any law or regulation;

(b) those Communications infringe the intellectual property rights of any third party;

(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;

(d) those Communications are:

(i) misleading or deceptive;

(ii) inappropriate having regard to the purpose of our Website;

(iii) likely to cause offence;

(iv) materially incorrect;

(v) obscene;

(vi) defamatory;

(vii) otherwise unlawful; or

(viii) corrupted, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your Communications. MSK by TYPE II is under no obligation to treat your Communications as proprietary information.

To the extent that any Communications are proprietary in nature, you grant MSK by TYPE II a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Communications throughout the world in any medium, whether currently in existence or not. You also grant each user of our Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Communications as permitted by MSK by TYPE II and these terms.

For any Communications that you may retain moral rights in, you declare that:

(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and

(b) You understand that when accessing our Website, you may be exposed to the Communications of other users of our Website. You acknowledge and agree that MSK by TYPE II does not have control of and is not responsible for these other Communications. You release MSK by TYPE II from any claims that you could assert against MSK by TYPE II relating to or in connection with these other Communications.

You represent and warrant that:

(a) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise MSK by TYPE II to display your Communications; and

(b) you will not make any Communications that:

(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Communications made by you;

(ii) are misleading or deceptive;

(iii) are materially incorrect;

(iv) are likely to cause offence;

(v) directly or indirectly involve the advertising or marketing of any products or services;

(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;

(vii) are defamatory;

(viii) are otherwise unlawful or encourage unlawful conduct; or

(ix) are otherwise inappropriate having regard to the purpose of our Website.

Third Party Content

Our Website contains content provided to MSK by TYPE II by other parties (Third Party Content) including listing for property or property related services. MSK by TYPE II does not have a practice of monitoring or making inquiries about Third Party Content. MSK by TYPE II is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of MSK by TYPE II. You rely on Third Party Content completely at your own risk.

Editorial content

Any editorial content or articles on our site are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

Policy for linking to our website

You may only link to content on our Website if we consent. If we do allow you to link to our Website, it is on condition that you do not:

(a) attribute a link to MSK by TYPE II content as being a link to your own or someone else’s content (for example, use your own logo to link to our content);

(b) attribute a link to our site and then link somewhere else;

(c) frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors; or

(d) link to our content as part of a website that aggregates property listings and/or information or competes with us in any manner.

We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is reasonable.

Limitation of liability

You agree that you visit and use our website at your own risk.

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the cost of re-supply of services; or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL MSK BY TYPE II BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF TYPE II PTY LTD AND ITS RELATED ENTITIES TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.

Jurisdiction

Your use of our Website, these terms, our Privacy Policy and all of our legal terms and notices will be governed by and construed in accordance with the laws of Queensland, Australia and by using our Website you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.

Last update June 2023