Terms of Use | AVM 'My Property Estimate' 

1. Introduction and contact details
    
   1. Thank you for using this automated valuation model (AVM), powered by Proptrack. These terms of use (Terms) outline how you can use the AVM.
   2. If you have any questions for us, we would be delighted to hear from you. You can email us here: contactus@opteonsolutions.com
   3. We really appreciate your feedback. If you review us or provide us with a testimonial, you permit us to post or otherwise transmit your review or testimonial on our social media or other channels. You can email us and ask us not to do this, at any time. We reserve the right to remove or refuse to post any content you submit to or post on our site at any time and for any reason. We accept no responsibility for any reviews or testimonials posted or otherwise transmitted by you or any third parties.
      
      
2. Definitions
   
   In these Terms:
   
   Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to affect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.
   Government Data means any data provided under agreement by a State government entity to PropTrack, which may then be used in the product or services PropTrack provides us.
   Identified Information means the details you enter which are limited to the name and service address of the owner, vendor and / or purchaser. 
   Personal Information means information or opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can reasonably be ascertained from the information sourced from third party data supplied by PropTrack.
   Product Data means any data or results, including any property information, ownership information, sales information, photographs, valuation or market share analyses, index results or alerts, contained within or provided through the Property Products.
   Property Product means the services and deliverables provided by PropTrack to us, including this AVM.
   Proptrack means PropTrack Pty Ltd (ABN 43 127 386 298)
   we, us and our means Opteon Property Group (ABN 78 144 732 589)
   you means the user of the AVM. 
   
   
   
3. Acceptance of these Terms and Privacy Policy
    
   1. Your use of the AVM is subject to these Terms and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. If you don’t agree with our Terms and/ or our Privacy Policy, then you must cease using our site immediately.
   2. You acknowledge and agree that PropTrack’s ability to provide the Property Products and the Product Data is subject to its agreements with third party suppliers under which suppliers may not provide the services, products or data as required under such agreements, and that in such circumstances PropTrack may not be able to provide some or all of the Property Products or the Product Data, either on a timely basis or otherwise. PropTrack does not verify the accuracy or completeness of any data supplied by any third party.
   3. You acknowledge and agree that the Product Data is not guaranteed by PropTrack or the provider of that third party data to be error free. You further acknowledge that the existence of any such errors will not constitute a breach of these Terms nor give rise to any other direct or indirect claim against PropTrack or the provider of that third party data or any of its employees or related or subsidiary entities.  
      
      
4. Restrictions on use
   
   You must not, or encourage any person or entity to:
    
   1. use or distribute any Identified Information for Direct Marketing or with the intention of encroaching upon their privacy;
   2. use any Personal Information within or comprising the Property Product or Product Data for any purpose other than appropriate and legal data verification purposes; and
   3. must ensure that no third party, including employees and contractors, breach any of the above conditions.
      
      
5. Government Data
   
   Where you receive Government Data, You must not, or encourage any person or entity to:
    
   1. breach any provisions of the Copyright Act 1968 (Cth) in relation to the access and use of the Government Data;
   2. produce any promotional material which would enable a reader or user of the promotional material to identify an individual as presently holding or as having held an interest of any kind in land identified in the Government Data.  You must also not present the Government Data in such a way that may infer in any way that the Government Data may be used or available for marketing or promotional purposes;
   3. sell, assign, distribute, transfer, sub-licence, reproduce, repackage or on-supply the Government Data to any third parties or derive any revenue from the Government Data or part thereof; and
   4. where required, you agree that you will enter into any additional agreements or other documentation as reasonably required by a State government.
      
      
6. Intellectual Property Rights
    
   1. You acknowledge and agree that, PropTrack or one or more of its service providers is and will remain the sole and exclusive owner of all right, title and interest in and to the Property Products and the Product Data, including any intellectual property rights contained or embodied within the Property Products and the Product Data. You agree that you acquire no rights in or to the Property Products or the Product Data provided pursuant to these Terms. You agree that you will not make copies (other than for back-up or disaster recovery purposes) or derivative works of the Property Products and the Product Data.
   2. If at any time all or any part of the Property Products or the Product Data is, or in PropTrack’s opinion may become, subject of any claim or suit for any infringement, PropTrack may at its own expense and option modify or replace the affected Property Product or Product Data so that it is non-infringing, or obtain for us the right to continue using the affected Property Product or Product Data. If neither of foregoing options is in PropTrack’s opinion commercially reasonable, PropTrack will have the right to limit the use of the affected Property Product or Product Data.
   3. You must notify us as soon as practicable of any infringement, suspected infringement or alleged infringement of the intellectual property rights of any person in relation to these Terms.
      
      
7. Privacy and recording
    
   Your use of our site is subject to our Privacy Policy, which forms part of these Terms. In using our site, you agree that we may:
    
   1. collect personal information about you.  
   2. You authorise us to record, retain, use, and disclose this personal information in accordance with our Privacy Policy; and
   3. record, retain and use all other information and data that you input; and
   4. disclose aggregated information about users and use statistics relating to our site and aggregated information about our sales and trading patterns to others.
      
      
8. Security of information  
   
   Although we strive to protect information, we do not warrant and cannot ensure the security of any information which you transmit to us through our site.
   
   
9. Confidentiality 
   
   We will use reasonable precautions to maintain the confidentiality of the information you have provided to us, and information you have created, inputted, or developed in connection with your use of our site, but because such information can be accessed through the internet you acknowledge and agree that there can be no assurance that this information, or any information provided to you through our site, will remain secure.  
   
   
10. Suspension or termination of your use of our site  
    
    Our site is made available free of charge. We may suspend or terminate your use of our site for any reason. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.  If we suspend or terminate your use, our disclaimers will nevertheless survive any such termination.
    
    
11. Disclaimers
     
    1. You acknowledge that you use the AVM at your own risk. To the maximum extent permitted by law, we exclude all liability for any loss or damage of any kind, including any incidental, special or consequential damages in relation to your use of the AVM.  
    2. Your use of the AVM does not result in you having a client-valuer relationship with us.  
    3. We try to keep the AVM secure and functioning properly. However, we make no representations, warranties, or guarantees that the AVM will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.
    4. This information is supplied by Opteon Property Group (ABN 78 144 732 589) on behalf of PropTrack Pty Ltd (ABN 43 127 386 298) whose copyright and legal disclaimers about the property data may be found here.”
       
       
12. Governing Law 
    These Terms are governed by the law in force in the state of Victoria, Australia and you submit to its non-exclusive jurisdiction.