Terms of Use

The website www.oslagentlive.com is owned and operated by OSL Software ("We", "our" and "us" in this Terms of Use).

This Terms of Use, along with our Commercial Terms and Privacy Policy and other notices on our website(s), form the basis on which you may access and use our website(s). We reserve the right to change any or all of our Terms of Use or other conditions for using our website(s) at any time by publishing the new terms or conditions on our website(s). Your use of our website(s) constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our website(s) your sole option is to immediately cease your use of the website(s).

In order to fulfill your request for our services we may distribute your content to our network of third party websites for publication. We make no warranty as to the accuracy or reliability of the information contained therein on any of those third party websites and OSL Software 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 by those third party websites.

Copyright

All content on and accessible from our website(s) is copyright. Apart from fair dealing permitted by the Copyright Act, we grant visitors to the site permission to download copyright material only for private and non-commercial purposes. Any other reproduction or use of our copyright material beyond such use is strictly forbidden.

Restrictions on Use

In accessing or using our website(s) you agree that you will not:
1.(a) use our website(s) or any content from our website(s) in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
2.(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website(s);
3.(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;
4.(d) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
5.(e) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
6.(f) pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
7.(g) act in violation of any Term of Use or other condition posed by us or any applicable law;
8.(h) reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website(s) or any content on our Website(s), except as expressly authorised by us; or
9.(i) 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(s), including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Submitted Content

In using our website(s) you may submit content to our system, that upon your instruction, will be distributed to, and published by our network of third party websites. This content may be in the form of, but not limited to, information including data, text, video, still images, audio or other material that we permit you to post, upload, store publish and distribute from our website(s) as permitted under these Terms of Use.

You retain sole responsibility and accept all liability for all content you submit to our website(s). We disclaim any and all liability in connection with your submitted content. We assume no responsibility for monitoring any of your submitted content. We do not in any way endorse the information in your submitted content including any opinion, recommendation or advice expressed. We are under no obligation to treat your submitted content as confidential information.

We may at any time, without liability to you, remove from distribution, alter or disable access to any or all of your submitted content at our sole discretion without prior notice to you, and without being limited by this, we may remove or disable access to any or all your submitted content if we consider that:
1.(a) it is in breach of any law or regulation;
2.(b) it infringes the intellectual property rights of any third party;
3.(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
4.(d) the submitted content is:
1.(i) misleading or deceptive;
2.(ii) inappropriate having regard to the purpose of our website(s);
3.(iii) likely to cause offence;
4.(iv) materially incorrect;
5.(v) obscene;
6.(vi) defamatory;
7.(vii) otherwise unlawful; or
8.(viii) corrupted, due to the presence of a virus or other disabling code.

You retain all of your ownership rights in your submitted content. We are under no obligation to treat your submitted content as proprietary information.

To the extent that any submitted content is proprietary in nature, you grant us a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to distribute, publish, use, reproduce, modify, adapt, translate, create derivative works from and display and publicly perform your submitted content throughout the world via the websites in our third party network, whether currently in existence or in our network yet or not.

You grant us the right to use your registered name or the name you submit with your submitted content, and, the right to represent and warrant that:
1.(a) you own and control all of the rights to the submitted content; or
2.(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorize us to distribute the submitted content.

For any submitted content that you may retain moral rights in, you declare that:
1.(a) you do not require that any personally identifying information be used in connection with the submitted content, or any derivative work of the submitted content;
2.(b) you have no objection to the publication, use, modification, deletion and exploitation of the submitted content by us;
3.(c) you waive and agree not to assert any entitlement to any and all moral rights of an author in any submitted content; and
4.(d) you release us from any claims that you could assert against us by virtue of any such moral rights.

You understand that when accessing any websites of our third party website network, you may be exposed to other users submitted content under the title of our website(s). You acknowledge and agree that we have no control of and are not responsible for other users submitted content. You release us from any claims that you could assert against us relating to or in connection with other users submitted content.

In submitting content to us you acknowledge that you are also bound by the Terms and Conditions of the websites of the network of third party websites that we distribute content.

Third Party Content

Our website(s) may contain content provided to us by other parties ("Third Party Content"). We do not monitor such Third Party Content. We are not responsible for, do not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content is not representative of our views. You rely on Third Party Content completely at your own risk.

Third Party Links and Advertising

Our Websites may include advertisements for and links to websites operated by third parties. Those third party websites do not form part of our website(s) and are not under the control of or the responsibility of us. When you link to those third party websites you leave our web site and do so entirely at your own risk. A display of advertising does not imply an endorsement or recommendation by us.

User warranties

You represent and warrant that:
1.(a) the information you supply on registration is accurate in all respects;
2.(b) if any of that information changes you will promptly notify us of the changes via your Account Settings page;
3.(c) your use of our website(s) will comply at all times with our Terms of Use and any directions published from time to time by us on our website(s);
4.(d) you will make sure that you keep your username and password by which you access our website(s) confidential and secure at all times;
5.(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to us;
6.(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to distribute your contributions for publishing on our network of third party websites (which may change from time to time); and
7.(g) you will not make any contributions that:
1.(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 contributions made by you;
2.(ii) are misleading or deceptive;
3.(iii) are materially incorrect;
4.(iv) are likely to cause offence;
5.(v) directly or indirectly involve the advertising or marketing of any products or services;
6.(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
7.(vii) are defamatory;
8.(viii) are otherwise unlawful or encourage unlawful conduct; or
9.(ix) are otherwise inappropriate having regard to the purpose of our website(s).

Indemnity

You agree to indemnify and hold OSL Software (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable legal fees arising out of, or in connection with your use and access to our website(s) or contributions not in accordance with these terms.

Limitation of liability

Certain rights and remedies may be available under various legislation and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we exclude all conditions and warranties that may be implied by law. 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 OSL Software 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 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 these terms of use or our website(s). Notwithstanding anything to the contrary herein, the aggregate liability of OSL Software or 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 this web site and all of our legal notices will be governed by and construed in accordance with the laws of New Zealand and by using our Website(s) you irrevocably and unconditionally submit to the jurisdiction of the courts of New Zealand.

Commercial Terms and Conditions

The websites www.oslagentlive.co.nz & www.oslagentlive.com.au are websites owned and operated by Online Solutions Ltd ("We", "our" and "us" in this Terms of Use).

These Commercial Terms along with our Terms of Use and our Privacy Policy and other notices on our website(s), form the Terms and Conditions of using our website.

We reserve the right to change any or all of our Commercial Terms at any time by publishing the new terms or conditions on our website(s). Your use of our website(s) constitutes your acceptance of those terms. Should you object to any of our Commercial Terms or other notices on our website(s) your sole option is to no longer proceed with your transaction on our website(s).

Our website(s) enable an eligible user, for a paid fee per property, to have a real estate (property) advertisement published on a global network of real estate (property) classified portals. Our website(s) use(s) a credit based system.

Eligibility

In order to subscribe to our services you must be a legitimate real estate professional and/or a professional real estate business in the country of your place of operations and you must be advertising bone fide property(s) for sale.

Consequence of termination Or subscription in arrears

Once the user no longer has an active subscription the user will no longer has access to the data. The data may be removed from the system after 1 calendar month.

A renewed subscription would need to pay for the lapsed period to access data on an expired subscription.

Refunds/Cancellations

A refund or part refund is not possible under any circumstances.

Jurisdiction

The Commercial Terms of this website and all of our legal notices will be governed by and construed in accordance with the laws of New Zealand and by transacting on our website(s) you irrevocably and unconditionally submit to the jurisdiction of the courts of New Zealand.

©2017 OSL Software Ltd All rights reserved.