Website Terms and Conditions of Use

  1. About the Website
    1. Welcome to https://ceres.realty (the 'Website'). The Website is owned and operated by Ceres Realty (ABN 43 656 818 030).
    2. The Website provides you with an opportunity to:
      1. browse and purchase our products; and/or
      2. browse and purchase our services; and/or
      3. browse and view material or information where there is no paid supply or offer for purchase (our 'Services' herein to the extent applicable above)
    3. Please read the terms and conditions carefully as they govern your access to our Website (the 'Terms'). By using our Website, you agree that you are bound by the Terms. If you do not agree with these Terms, you must not use our Website, or purchase any of our products or services.
    4. These Terms may be updated by us at any time and by continuing to use the Website, you accept these Terms as they apply from time to time. When Ceres Realty updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
    5. Any reference to Ceres Realty, "we", "our", or "us" means Ceres Realty (ABN 43 656 818 030) and any reference to "you" or "your" means a user of Website or Services.
  2. Acceptance of the Terms
    • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ceres Realty in the user interface.
  3. Registration and Subscription to use the Services
    1. In order to access our Services, you must first register for an account through the Website (the 'Account').
    2. In select cases, to access our Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription level (the 'Subscription Fee').
    3. After you have purchased the Subscription, if you have not already done so, you will then be required to register for an account through the Website before you can access the Services (the 'Account'). When purchasing the Subscription, you agree that it is your sole responsibility to ensure that the Subscription you elect to purchase is suitable for your use or purpose.
    4. As part of the registration process, to access and use our Services, you may be required to provide personal information about yourself (for example, identification or contact details), including:
      1. Email address
      2. Preferred username
      3. Mailing address
      4. Telephone number
      5. Password
      6. Physical and/or Billing Address, and, any
      7. Other information as required. ('Registration Information')
    5. You warrant that any Registration Information you provide to Ceres Realty in the course of completing the registration process will be accurate, correct and up to date.
    6. You are solely responsible for the accuracy of the Registration Information that you submit in relation to the Registration Information. If we detect suspicious or incomplete Registration Information, we reserve the right to suspend or cancel your Account.
    7. Once you have completed the registration process, you will be a registered member of the Website ('Member') and you are taken to have accepted and are bound by these Terms. As a Member, you will be granted access to our Services. In the case of Subscription Services, this access will be limited to the applicable subscription period for the level of Subscription to which you are subscribed (the 'Subscription Period').
    8. You may not use our Services or accept the Terms if:
      1. you are not of legal age to form a binding contract with Ceres Realty; or
      2. you are a person barred from receiving Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
      1. you will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
      3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ceres Realty of any unauthorised use of your password and/or email address or any breach of security of which you have become aware;
      4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of accessing our Services;
      5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Ceres Realty;
      6. you will not use the Services or Website for any illegal, offensive or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
      7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Ceres Realty for any illegal or unauthorised use of the Website; and
      8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.
  • Payment
    1. In using the Services to obtain a supply of products or services through the Website including for a Subscription, you agree to the payment of the purchase price listed on the Website for the supply (the 'Purchase Price').
    2. Payment of the Purchase Price may be made through the payment gateway made available to you on the Website, for example, Stripe or PayPal or other available payment processors (the 'Payment Gateway Provider'). Electronic Funds Transfer (EFT) and other payment methods may also be available upon request in the sole discretion of Ceres Realty.
    3. In using the Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
    4. Following confirmation of payment of the Purchase Price by Ceres Realty, you will be issued with a receipt to confirm that payment has been received and you authorise Ceres Realty to record your purchase details for future use.
    5. Where the option is given to you, you may make payment for the Services (the ' Services Fee') or Subscription (the 'Subscription Fee') (collectively referred to as the ' Services or Subscription Fee') by way of through Stripe, PayPal and/or others (the 'Payment Gateway Provider'). Electronic Funds Transfer and other payment methods also be available upon request at the sole discretion of Ceres Realty.
    6. You acknowledge and agree that where a request for a payment due is returned or rejected, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs or surcharges, including banking fees and charges, associated with the Services or Subscription.
    7. Any prices displayed on our Website including Subscription Fees are subject to change without notice.
    8. You agree and acknowledge that Ceres Realty can vary the Services Fee or Subscription Fee at any time. For Subscriptions, the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
  • Warranty
    1. The supply of Ceres Realty's products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
    2. You can make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within the specified warranty period supplied with the product or listed on the product page from the date of purchase (the 'Warranty Period').
    3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Ceres Realty showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Ceres Realty at 10/9 Capital Pl, Birtinya, QLD, 4575 or by email at contact@ceres.realty.
    4. Where the Warranty Claim is accepted then Ceres Realty will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
    5. The Warranty shall be the sole and exclusive warranty granted by Ceres Realty in addition to any other rights and under a law in relation to the Products to which this warranty relates.
    6. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
    7. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
  • Delivery of Products
    1. You acknowledge that the Services offered by Ceres Realty integrate delivery of products (the 'Delivery Services') through the use of third-party delivery companies (the 'Delivery Service Providers').
    2. In providing the Services, Ceres Realty may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Ceres Realty is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
    3. In the event that an item is lost or damaged in the course of the Delivery Services, Ceres Realty asks that you:
      1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
      2. contact us by sending an email to contact@ceres.realty outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.
  • Limitation of Liability
    1. Ceres Realty's total liability arising out of or in connection with the Content, Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price or Subscription Fee paid by you under these Terms or where you have not paid the Purchase Price or Subscription Fee, then the total liability of Ceres Realty is limited to the resupply of information, products or services to you.
    2. You expressly understand and agree that Ceres Realty, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    3. Ceres Realty is not responsible or liable in any manner for any Content on the Website (including Third Party content) posted on the Website or in connection with the Services, whether posted or caused by users of the Website of Ceres Realty, by third parties or through the offer of Services by Ceres Realty.
    4. You acknowledge that Ceres Realty does not provide the Delivery Services to you and you agree that Ceres Realty will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
  • Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by Ceres Realty as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. not renewing a Subscription prior to the end of the Subscription Period;
      2. providing Ceres Realty with 30 days' notice of your intention to terminate the Subscription;
      3. For Services, notifying Ceres Realty at any time;
      4. closing your accounts for any Services which you use, where Ceres Realty has made this option available to you. Your notice should be sent, in writing, to Ceres Realty via the 'Contact Us' link on our homepage.
    3. Ceres Realty may at any time, terminate the Terms with you if:
      1. you do not renew the Subscription at the end of the Subscription Period;
      2. you have breached any provision of the Terms or intend to breach any provision;
      3. Ceres Realty is required to do so by law;
      4. the partner with whom Ceres Realty offered the Services to you has terminated its relationship with Ceres Realty or ceased to offer the Services to you;
      5. Ceres Realty is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
      6. the provision of the Services to you by Ceres Realty is, in the opinion of Ceres Realty, no longer commercially viable.
    4. Subject to local applicable laws, Ceres Realty reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, or Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ceres Realty's name or reputation or violates the rights of those of another party.
    5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ceres Realty have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  • Indemnity
    1. You agree to indemnify Ceres Realty, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
      2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
      3. any breach of the Terms.
  • Dispute Resolution
    1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Birtinya, Australia.
    4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  • Venue and Jurisdiction
    • The Content and Services offered by Ceres Realty is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of QLD, Australia.
  • Governing Law
    • The Terms are governed by the laws of QLD, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of QLD, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  • Independent Legal Advice
    • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
  • Severance
    • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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    Last Updated: 12/04/2022

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