All users are encouraged to review the terms and conditions set forth before using the services offered by yChatter.com. Your continued use of this website will be construed as acceptance of these terms without any qualification or modification thereof. All clauses contained herein constitute the agreement between us and you. The reference to one gender shall include the other gender(s).
We have complete and unfettered discretion on who may access our services through our Platform. In general, only those persons who are capable of entering into binding legal relations under Australian laws may use our services. If you are under 18 (16 in some jurisdictions), you will only access our services through this site through the involvement of your parent or guardian. yChatter and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel listings in their sole discretion. We also reserve the right to sue parents of a minor whose actions on this site expose yChatter to losses or liability to any third party.
All users will be required to maintain a user account (including setting up a username and a password). As a registered user, you will be responsible for all transactions that are carried out under your account, and you shall be responsible for maintaining the confidentiality of your account information, including the password. You agree to notify us of any unauthorized use of your account. You agree to indemnify yChatter from any liability incurred through the use of your account
yChatter and its affiliates are neither estate agents nor travel agents and do not purport to act as such. The websites simply provide a service for Owners as contemplated in this Agreement to market their properties to potential renters. yChatter does not take part in, and will thus not take responsibility for, booking arrangement or any property management issues.
All content on this website (including but not limited to the Website's design, text, graphics and all software and source codes connected with the Websites) are copyright protected. In accessing the Website, you agree that you shall access the Websites solely for your non-commercial use. None of the copyrighted material may be downloaded, copied, modified, reproduced (including, but not limited to, the use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website), uploaded, translated, transformed in to derivative works, posted, displayed, reverse engineered, republished, transmitted, stored, sold, licensed or distributed in any form whatsoever without the prior written approval of the yChatter. This excludes the downloading, copying and/or printing of pages of the website for personal, non-commercial home use only. It is also explicitly prohibited to use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the intellectual properties without an approval from us.
You agree and accept that, by uploading data onto our site, and unless we indicate otherwise, you grant yChatter a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You warrant and represent that you own or otherwise control all of the rights to the content submitted; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify yChatter or its affiliates for all claims resulting from content you supply.
yChatter has not confirmed the accuracy and currency of property information submitted by individual users and as such it does not warrant that such information or data is accurate and current. The submitted data is provided and maintained directly by users and any such user who has uploaded data on our site takes sole responsibility for the accuracy and currency of it.
Registered users may submit feedback on the site to reflect their experiences with another user. Users are urged to exercise due care when submitting feedback to other user and to try as much as possible to ensure that the feedback is accurate and fair. yChatter reserves the right (but not the obligation) to remove or edit or reject such content.
yChatter cannot take responsibility for the reviews posted by any user and shall in no event be liable for injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to loss of business, opportunity, profits) arising out of, based on, or resulting from the use of our platform, even if we had been advised of the possibility of such damages.
Our website includes services of third parties (including but not limited to Google-served advertisements, the display of the listings on partner sites) and links to third party websites that are controlled and maintained by others. Any third party service and link to third party websites is not an endorsement of such services and websites and the User acknowledges and agrees that we are not responsible and cannot take any liability for the content or availability of any such services and websites.
We reserve the right to refuse and terminate without notice property listings for reasons including but not limited to the user breaching the Terms & Conditions, attempting to include unsuitable or incomplete material, misusing our system or systems including yChatter.co.uk and yChatter.com.au. We may also terminate our services to any user without notice if we receive a significant number of substantiated complaints relating to misrepresentation of a property or its surroundings. We will not be liable for any expense in doing so.
yChatter assumes no responsibility and to the extent permitted by law, shall in no event be liable to the User for injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, loss of business, opportunity, data, profits) arising out of, based on, or resulting from this agreement or the use of our services, even if the we had been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, strict liability, tort, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If the User is dissatisfied with the services offered through the website, or that he does not agree with any part of this agreement, then such User's sole and exclusive remedy is to discontinue using our website and to notify us of his wishes terminate his Account.
User hereby agrees to release, remise and forever discharge yChatter and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with his/her/its use of the Websites to the extent that such release is not prohibited by applicable law
User agrees to indemnify and hold yChatter and its holding company, directors and employees harmless from and against all liabilities, legal fees, damages, losses, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with the use of the website to the extent that such release is not prohibited by applicable law.
All provisions of these Terms of Sale are, notwithstanding the manner in which they have been grouped together or linked grammatically, are severable from each other. If any of these Terms of Sale should be determined to be unenforceable because they have been held to be invalid, illegal, void or unlawful for any reason by any court of competent jurisdiction then such Term of Sale shall be considered pro-non scripto, and shall be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of Sale shall survive and remain in full force and effect and continue to be binding and enforceable.
This Agreement shall be subject to and construed in accordance with the laws of the state of Queensland as well as applicable federal laws and expressly excludes any conflict of laws provision, whether express or implied. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. Any legal proceedings filed in connection to this agreement or its subject matter shall be filed in a court in Brisbane.
We may change, suspend or discontinue any aspect of our user interface on our website at any time, including the availability of any features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of the Websites for similar reasons.
We reserve the right to change these Terms and Conditions at any time, and your continued use of the website following any changes shall be deemed to be your acceptance of such change.
Our failure to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or the rights attaching to any of them.
The structure, headings, numbering used in these terms and conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
yChatter is a trade name owned by Premium IT Solutions Pty Ltd ACN 127 124 725 and of 30 Olive St, Hendra, Queensland, Australia, 4011.