Terms and conditions of use

By accessing or using the Kooie Network, you agree to be bound by these terms and conditions of use (“Terms”) and any other terms and conditions referred to in these Terms or notiﬁed to you on the Kooie Network—each as amended from time to time in accordance with these Terms.

About Kooie Real Estate

(a) Kooie Real Estate publishes or makes available on the Kooie Real Estate website information, advertisements, products and services, vehicle data, valuations, software, and other content supplied by Kooie Real Estate and third parties (“Material”).

(b) To the extent permitted by law, Kooie Real Estate does not warrant or endorse the accuracy or completeness of, or the representations made in, the Material, or any information received as a result of using the Global Real Estate Network (including via links to third party websites). You are responsible for assessing the accuracy of the Material and any such information and rely on it at your own risk.

(c) Unless expressly stated by Kooie Real Estate and to the extent permitted by law, Kooie Real Estate does not provide any warranty in relation to any goods or services advertised for sale on the Kooie Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, ﬁt or safe for the purpose intended, as described by the seller or owned by the seller.

2. Personal and non-commercial use only

(a) Unless you have signed commercial terms with Kooie Real Estate, use of Kooie Real Estate is for your personal and non-commercial use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use, or where you must undertake such activities to exercise your legal rights (for example to use screen-reading software for accessibility), you must not without the prior written approval of Kooie Real Estate (such approval not to be unreasonably withheld) do any of the following or authorise a third party to do that thing on your behalf:

modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
use or attempt to use any Material to create any website, publication or searchable database;
mirror or frame any website or Material from Kooie Real Estate;
use an automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material or generate or compile any document, index or database based on the Material;
use any manual process to make multiple copies of Material or to compile any document, index or database based on the Material;
publish, transfer or sell any Material, information or functionality derived from Kooie Real Estate; or
undertake any other action which is in violation of these Terms (or other terms and conditions referred to in these Terms), contrary to good faith, or in breach of any applicable law.

(b) If Kooie Real Estate reasonably considers that you or any party related to you has acted contrary to these Terms, then Kooie Real Estate may immediately terminate your right to access and use the Kooie Network and reserves its right to take any action it deems reasonably necessary or desirable to prevent such repeated action.

3. You are responsible for use of Kooie Real Estate

(a) The Material made available on (or via) Kooie Real Estate is provided as general information only. The Material is not professional, expert, or other advice and it is not a substitute for such advice. The Material may not be appropriate, correct, or sufﬁcient for your circumstances, should not be relied on as the only reason you do or don't do anything, and may not be continually accessible or free from errors or viruses.

(b) You indemnify Kooie Real Estate against any liability, loss, claim, or demand if Kooie Real Estate (or any of its ofﬁcers, representatives, employees, or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of your ofﬁcers, representatives, employees, or agents) of these Terms—including any warranties you provide in them except to the extent such loss or damage is caused by Kooie Real Estate’s own acts or omissions.

(c) You must keep your username and password to access Kooie Real Estate secure and conﬁdential and not provide those details to any third party. You accept all liability relating to unauthorized use of any username and password issued to you which is due to no fault of Kooie Real Estate.

4. Goods and services provided by Kooie Real Estate

Any goods or services offered by Kooie Real Estate are subject to additional terms and conditions. To the extent of any inconsistency between these Terms and the additional terms and conditions, the additional terms and conditions will prevail to the extent of the inconsistency.

5. Goods and services provided by third parties

(a) If goods and services are offered on Kooie Real Estate by third parties (sellers), to the extent permitted by law:

Prices often exclude delivery, government, and statutory charges (always check with the seller);
you are responsible for making all relevant searches, enquiries, and investigations in relation to the goods and services, including searching any written-off register or register of security interests (including the Personal Property Securities Register);
Kooie Real Estate does not act as any person’s agent or broker, arrange any contract between you and any person, or provide any warranty in relation to any person’s goods or services (unless speciﬁcally stated); and
Kooie Real Estate will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person, or resolving any dispute between you and any person.

For the purpose of these Terms, “person” means any legal entity, including an individual or business.

(b) Kooie Real Estate may augment information supplied by sellers, for example by using the make, model, and series provided by a seller to suggest vehicle features. This information relies upon the seller accurately identifying their goods and also on information provided to Kooie Real Estate from third parties (for example, original equipment manufacturers). Whilst Kooie Real Estate requests that sellers check this information, such information may still be inaccurate. Kooie Real Estate strongly recommends that you check with the seller that all information contained in an advertisement or listing is accurate before you make any purchase.

6. Kooie Real Estate’s liability to you

(a) Other than as set out in this clause, and to the full extent permitted by law, implied guarantees and warranties in respect of any goods or services provided by Kooie Real Estate are hereby excluded. Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy conferred on you by an applicable statute (e.g. the Australian Consumer Law) that cannot be excluded, restricted, or modiﬁed.

(b) To the full extent permitted by the law, Kooie Real Estate will only be liable to you pursuant to any guarantee, right, or contractual term that arises, is created, or is implied by operation of law and that cannot be excluded provided that, any such liability of Kooie Real Estate is limited to the greater of:

(i) the fees paid by you to Kooie Real Estate for the relevant goods and/or services; or
(ii) $1000.

(c) To the full extent permitted by law, Kooie Real Estate will not be liable to you for any indirect or consequential loss or damage, including loss of use, production, proﬁt, revenue, business, data, contractor anticipated savings, delay, or for any ﬁnancing costs, increase in operating costs, or economic loss.

(d) For the purposes of this section, the term Kooie Real Estate means Kooie Real Estate, its ofﬁcers, employees, contractors, and agents, whether individually or collectively.

(e) This clause 6 will survive any expiry or termination of these Terms.

(f) Where you have purchased a speciﬁc product or service from Kooie Real Estate, please check your additional speciﬁc product or service terms for liability provisions which may prevail over this clause.

7. Copyright, trademarks and licence

(a) Material on Kooie Real Estate is protected by copyright and intellectual property laws. All rights not expressly granted under these Terms are reserved by Kooie Real Estate. Unless otherwise indicated on Kooie Real Estate, the Material is owned by or licensed to Kooie Real Estate and is subject to copyright (the "Copyright Material").

(b) You may:

only copy or reproduce the Copyright Material for the purpose of browsing Kooie Real Estate or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act 1968 (Cth); and
not alter or modify the Copyright Material in any way or remove any legal notice associated with it.

(c) Kooie Real Estate and other names of Kooie Real Estate’s products and services are registered or unregistered trademarks of Kooie Real Estate. Other product and company names mentioned on the Kooie Network may be the trademarks of third-party owners. Nothing displayed on Kooie Real Estate should be construed as granting you any intellectual property rights, including the right to use any trademark without the relevant owner’s express written consent.

(d) In consideration of Kooie Real Estate allowing you to access and use Kooie Real Estate, you grant to Kooie Real Estate a non-exclusive, payment-free, perpetual, irrevocable, sub-licensable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Kooie Real Estate for such purposes as Kooie Real Estate reasonably determines from time to time (subject to Kooie Real Estate’s Privacy Policy). You warrant that you have all necessary rights in the content that you contribute and that the content does not infringe any law or third-party rights. To the extent permitted by law, you agree to Kooie Real Estate taking any actions that may otherwise infringe your moral rights in relation to the material.

8. Your Kooie Real Estate account

(a) If you open a Kooie Real Estate account, additional products and services (e.g. fuel discounts) may be made available to you on speciﬁc supplementary terms.

(b) By opening a Kooie Real Estate account, you agree to receive electronic communications from Kooie Real Estate about its products and services, however, you may opt out of this via your account preference centre.

(c) If you add details of an existing property into your Kooie Real Estate account, you agree to Kooie Real Estate providing those details to real estate agents along with any property enquiry you make so that agents can make you trade-in offers. You can opt out of this at the time of enquiry.

(d) If you create a username and user proﬁle photo connected to your Kooie Real Estate account, or choose to verify your identity, Kooie Real Estate may display these publicly in your Kooie Real Estate communications, including in adverts or one-to-one messages.

9. Communications services

(a) Kooie Real Estate may provide you with the ability to communicate with Kooie Real Estate, sellers, third-party advertisers, and other users of Kooie Real Estate through online forms, interactive voice response, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services, and other forms of communication (“Communications Services”).

(b) Unless stated otherwise, please assume that Communications Services are public and not private communications, and you agree to the publication of your communications. Kooie Real Estate may collect, store or scan communications, however, you should not rely on it doing so.

transmit any information or material which is incorrect, misleading or deceptive;
transmit any racist, sexist, defamatory, infringing, obscene, abusive, indecent or unlawful information or any material reasonably deemed by Kooie Real Estate to be inappropriate; • transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
use the Communications Services for any unlawful purpose;
post or upload ﬁles that contain software or other material or information in breach of any person's intellectual property or privacy rights;
upload ﬁles that contain viruses, corrupted ﬁles, worms, defects or any other similar software or programs that may damage the operation of another user's computer or damage any of the Kooie Network (infrastructure or content);
delete any author attributions, legal notices or proprietary designations or labels in any ﬁle that is uploaded;
download any ﬁle posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these Terms;
excessively use the Communications Services in a manner which may hinder or prevent Kooie Real Estate from providing services to any other person or which may threaten the integrity or use by any person of Kooie Real Estate; or
authorise, aid, abet, encourage or incite any person to do any of the above acts.

(d) Kooie Real Estate may, acting reasonably, delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services. Kooie Real Estate may also suspend or terminate the use of the Kooie Network of any person reasonably determined by Kooie Real Estate to be in breach of these Terms.

10. Software services

(a) Any software, including HTML code, that is made available to download from Kooie Real Estate ("Software") is owned by Kooie Real Estate and/or its suppliers.

(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You must agree to the terms of the Licence Agreement before using the Software.

(c) If there is no Licence Agreement, Kooie Real Estate grants you a personal, non-transferable license to use the Software for viewing and otherwise using Kooie Real Estate in accordance with these Terms, and for no other purpose. You must not:

copy, reproduce, translate, adapt, vary or modify in whole or in part, the Software;
reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

11. Kooie Real Estate and your privacy

By using Kooie Real Estate, you agree to the Kooie Real Estate Privacy Policy which sets out how Kooie Real Estate collects, uses and discloses your personal information.

12. CallConnect and “email a friend”

(a) 1300 Numbers: CallConnect calls to 1300 numbers (sellers using a virtual number) from landlines in Australia are charged at local call rates. Calls from mobile phones may attract a higher rate from your telephone service provider. Please direct all questions to that provider.

(b) Email a friend: Where Kooie Real Estate allows you to email a friend and you provide an email address for this purpose, you warrant that the person to whom the email is addressed has consented to the email being sent.

13. What law governs these Terms?

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts in that state.

14. Kooie Real Estate may change its terms

(a) Kooie Real Estate may modify or amend its terms and conditions for its goods or services from time to time. Modiﬁcations of these Terms (and terms and conditions linked to these Terms) take effect once displayed on this website or app, however, will only apply to your use of the Kooie Network after that date and will not affect any accrued rights or obligations under the prior terms and conditions.

(b) Kooie Real Estate may, acting reasonably, cease to provide you with access to the Kooie Network or any of its services without notice.

15. Contact Kooie Real Estate

If you have a question, issue, or need to contact us: Email: admin@kooie.com.au Version 1 (28 August 2024)