The www.forsalebyowner.com.au website (referred to in these Terms of Access as the "Website") is owned and operated by Forsalebyowner.com.au Pty Ltd ("FSBO").

1. The material on the Website is copyright of FSBO and/or other copyright owners.
2. The Website is available for you to access conditional on your acceptance without alteration of these Terms of Access. By continuing to access the Website you are agreeing to these terms and our Privacy Policy.
3. We reserve the right to change the Terms of Access at any time by publishing the new terms on the Website. Your use of the Website constitutes your acceptance of those terms. Should you object to any of our terms of access, your sole option is to immediately cease using the Website.
4. Information on the Website may not be regarded as a substitute for professional legal, financial or real estate advice and we recommend that as purchaser or vendor of real estate, that you should obtain professional advice prior to entering into any binding transaction.
5. FSBO reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
6. The Website contains links to sites on the Internet, owned and operated by third parties and which are not under the control of FSBO. In relation to the other sites on the Internet, which are linked to the Website, FSBO:
   1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by FSBO of the linked site; and
   2. is not responsible for the material contained on those linked sites.
7. FSBO does not warrant guarantee or make any representation that:
   1. the Website, or the server that makes the site available on the Internet are free of software viruses;
   2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
   3. errors and defects in the Website will be corrected.
8. FSBO is not liable to you for:
   1. errors or omissions in the Website, or linked sites on the Internet; or
   2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites, whether caused through negligence of FSBO, its employees, agents or independent contractors, or through any other cause. For example, our arrangement with third party websites on which your property is advertised may change which may make it impossible or unviable for us to continue advertising your property on those websites in which case we reserve the right to discontinue such advertising and you agree that you may have no claim against us in this regard.
9. FSBO may terminate access to the Website or any third party website at any time without giving any explanation or justification for the termination of access, and FSBO has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website or any third party website.
10. You will at all times indemnify and keep indemnified FSBO and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by FSBO arising from any claim, demand, suit, action or proceeding by any person against FSBO where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you; and publication of or distribution of information supplied by you.
11. By uploading, transmitting, posting or otherwise making available any information on or via the Website, you:
    1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the information in any form and for any purpose;
    2. warrant that you have the right to grant the abovementioned licences;
    3. warrant that the information does not breach any laws; and
    4. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the information.
12. We reserve the right (but have no obligation) to:
    1. review, modify, reformat, reject or remove any information which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms of Access or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms of Access or for the purposes of any police investigation or governmental request.
13. Any property advertised for sale via the Website must be removed:
    1. as soon as practicable after the property has been sold, or
    2. in any way, on the first anniversary of the date the property is first advertised via the Website.
14. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
15. These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
16. You agree to the jurisdiction of the courts of the State of Victoria, Australia, to determine any dispute arising out of your use of the Website and/or these Terms of Access.