Welcome to Butterfly Realty Group. We have a multifaceted business providing Residential Sales, Property Management, Farm & Rural Property Sales, Commercial Sales and Business Brokerage Services. The experienced team at Butterfly Realty Group welcomes all visitors to their friendly towns they conduct business in. In the early days, our farm office was located at Mount Ossa and is only 40 minutes north of Mackay and 1hr south of Airlie Beach, and our window displays are positioned in Proserpine and Mount Ossa, in prime main road locations. Currently we operate out of our home office at Blacks Beach Qld Australia. We look forward to catching up with you next time you are in the Whitsunday – Mackay region. Whether you’re getting ready to buy or sell, in the middle of it, or just looking for some answers, our top-notch skills ensure you get the best experience possible. Call Butterfly Realty Group on 07 4242 5901 for more information or click below.
Butterfly Realty Group. Real people. Great results.
Clients of Butterfly Realty Group may send us a message through our ‘contact us’ form or they may view content made available to the general public through a variety of advertising portals.
By using Butterfly Realty Group services, websites or interacting with our staff, representatives or agents, including by simply viewing content on the Site, you are agreeing that you, and each person you allow to access Butterfly Realty Group through your account, will abide by the terms of this Terms of Service (“Agreement”), which is set forth in its entirety below. This Agreement is between you and Butterfly Realty Group (“we,” “Butterfly Realty Group” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by Butterfly Realty Group (the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with this Agreement. In addition, to the extent that you are using our “property”-related Services (collectively, the “Property Services”), we may direct you to our terms and conditions (together with any applicable service-specific terms referenced therein, the “Terms”). Your access and use of the Property Services is governed by, and conditioned on your acceptance of, the Terms, which will control with respect to your use of the Property Services in the event of any conflict or inconsistency between the Agreement and the Terms.
The Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Persons in respect of whom such prohibitions apply must not access the Site. For more information, see Section XII.a (Availability of Services). With respect to persons accessing the Site from outside of Australia, references herein to “Butterfly Realty Group” or “Company” shall mean its parent company, “Pony Express Australasia Pty Ltd,” a company registered in Australia.
Capitalized terms used herein are defined in Section XIII (Definitions) of this Agreement.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BUTTERFLY REALTY GROUP THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION XI (ARBITRATION) BELOW FOR DETAILS REGARDING ARBITRATION [(INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION)].
Table of Contents
- General Securities Principles
- User Obligations
- Privacy and Protection of Personal Information
- Company Services and License
- Reservation of the Company’s Rights
- Limits on the Company’s Obligations
- Copyright Policy
- Term and Termination
- Disclaimers; Limitations; Waivers of Liability
- Disputes with Others
General Securities Principles
The laws applicable to private property are not complicated but are occasionally ambiguous. In general, they are designed to protect unsophisticated people from making poor investment decisions. Butterfly Realty Group urges you to take reasonable steps to verify that all of the properties advertised are accurate representations of the property. Furthermore, the State of Queensland have their own regulations governing property transactions that must be observed. Foreign investors must also satisfy certain conditions to purchase property or businesses in Queensland, Australia. You must make your own assessment regarding regulatory requirements as may be applied to your activities on the Site.
· To Act Responsibly. You are promising to act responsibly – which means:
· You are making the following Promises:
o Requirements to Use the Services.
That you have the right, authority, and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation in Butterfly Realty Group Services violates provisions of the law to which you are subject, you will cease using the Services and advise us;
That you are at least 16 years old, and that if you are less than 18 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a client of Butterfly Realty Group;
That you shall not use a false or deceptive name or email address owned or controlled by another person with the intent to impersonate that person or for any other reason;
That you shall not use a name that is subject to any rights of a person other than yourself without appropriate authorization;
That you will update your client registration information with the Company as needed so that it remains true, correct and complete; and
That you will conduct yourself in a professional manner in all your interactions with Butterfly Realty Group and with any other Butterfly Realty Group staff, agent or representative.
Requirements related to Content on Butterfly Realty Group websites, social media or advertising portals.
That you will only provide Butterfly Realty Group with Content that you have a right to provide to Butterfly Realty Group and to allow Butterfly Realty Group to display through the Services,
That you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display, publication or use by Butterfly Realty Group.
That you understand that any other Content you find on or through Butterfly Realty Group is the sole responsibility of the person who originated such Content;
That you understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability, and that Butterfly Realty Group will not be responsible or liable for any use of your Content by Butterfly Realty Group in accordance with this Agreement;
That you are not relying on Butterfly Realty Group to, and that you understand that we do not, endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services;
That you understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, and that you have no claim against Butterfly Realty Group for any such material; and
That you understand that the Service may include advertisements or other similar items, which may be related to Content, queries made through the Services, or other information, and you have no claim against Butterfly Realty Group for the placement of advertising or similar content on the Services or in connection with the display of any Content or other information from the Services.
Requirements related to Investments.
That you will only invest in a property, business or other product offered through the Site after carefully reviewing and assessing the terms of the investment, including the related private placement memorandum, subscription agreement and organizational documents as well as any information provided through the Site;
That you will use your own judgment before making any decision to invest or to accept an investment involving what is to you a material amount of money;
That you will be solely responsible for complying with applicable Queensland, Australia law regarding any transaction, including without limitation the determination of whether any investor is an Accredited Investor and whether any investment complies with the terms of local law (whether the law of Queensland, Australia or of any foreign government with jurisdiction over you or any investor);
That you will obtain such professional advice as is appropriate to protect your interests, including legal, tax, accounting and other advice and
That you have reviewed and understand the discussion of risks found here, and that you are otherwise aware of the risks of making property investments
You are promising not to:
Violate the Community Rules of Butterfly Realty Group, as defined in Section XIII (Definitions);
Expect Butterfly Realty Group to evaluate, confirm or otherwise stand behind any property seller’s statements or recommend any investment;
Treat any Content, email or other information you receive as a result of your access to the Services as a recommendation or representation of any kind by Butterfly Realty Group, an affiliate of Butterfly Realty Group or any employee, officer, director, representative or other agent of the foregoing (each a “Company Person”) on which you should rely unless such information has been expressly identified as created by a Company Person;
Claim any ownership or other proprietary right in any material, software or other intellectual property displayed on, published by or otherwise available through Butterfly Realty Group, other than Content, software or intellectual property that you own or otherwise have rights to without regard for its appearance on Butterfly Realty Group;
Copy or distribute Content except as specifically allowed in this Agreement;
Use any Content, or other information acquired from Company Persons, Properties or Clients, or otherwise through your use of the Services, for commercial or investment activity outside of the Services, without prior written approval from the Company;
Claim any right to access, view or alter any source code or object code of Butterfly Realty Group;
Use Butterfly Realty Group to market services, particularly property advisory services that might cause Butterfly Realty Group to have to register as a real estate agent, broker dealer or property adviser outside of the State of Queensland, Australia; or
Market competing services to people you’ve identified through Butterfly Realty Group.
Indemnify Butterfly Realty Group and Related Parties. You are promising to hold the Company harmless against any damage that may happen to us as a result of your use of Butterfly Realty Group Services.
Indemnity. You agree to indemnify and hold the Company and any Company Person harmless (including against costs and legal fees) from any liabilities, losses, damages, costs and expenses (including legal fees and expert fees) arising from or related to any claim or demand made by any third party due to or arising out of your access to or use of the Services, the violation of this Agreement by you, the infringement or misappropriation by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any Content posted through the Services by you (including claims related to defamation, invasion of privacy or other violation of a person’s rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against the Company or any Company Person. You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Services.
Release. You hereby release any claims you may have against Butterfly Realty Group and any Company Person that are in any way related to the Services or your use of Content, including any representations, recommendations or referrals you may receive as a result of your registration with Butterfly Realty Group. You are solely responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other clients and third-party partners.
Butterfly Realty Group Employees and Affiliates. You understand that Company Persons may participate in the Services as Clients or Investors, and that Butterfly Realty Group is not responsible for any of their activities, including statements or other information in any emails or other communications such individuals make in that capacity.
Confidentiality. By registering with Butterfly Realty Group, or otherwise using the Services or viewing content made available through Butterfly Realty Group in any way, you may have an opportunity to see Private Information. It is expected that you will use discretion in determining what you do with that information. You agree, however, that you will not republish any information you acquire through the Services via an Internet website, for which one of the principal purposes is to compete with Butterfly Realty Group.
Property Seller User Obligations.
You promise to comply with the terms of the license set forth in Section IV (Company Services and License) of this Agreement.
You are licensing to us the right to publish all Content you upload to Butterfly Realty Group, including any comments, property or business information or other forum posts you may offer on the Site in order to accept the Services. Your Content will be viewable by other clients of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others.
To the extent that Butterfly Realty Group is determined, for any reason, not to be the licensee of any material you have provided to us, including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “property rights,” “seller’s rights,” or the like (collectively “Property Rights”), you hereby ratify and consent to any action that may be taken with respect to such Property Rights by or authorized by Butterfly Realty Group and agree not to assert any Property Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by the Company.
You acknowledge that Butterfly Realty Group is not obligated to pay you or to cause any other party to pay you any compensation with respect to your activities with Butterfly Realty Group, or to feature or otherwise display your Content on any web page.
You acknowledge that you do not rely on the Company to monitor or edit the Services (including emails initiated by individuals, regardless of whether those individuals are otherwise associated with the Company) and that the Services may contain Content which you find offensive or which is untrue or misleading and you hereby waive any objections and claims you might have with respect to viewing such content.
You agree that this Agreement does not entitle you to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Services (collectively, “Updates”). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advance notification to you). Any such Updates for the Services shall become part of the Services and subject to this Agreement.
If you operate, manage or otherwise control a search engine or robot, or you republish a significant fraction of Butterfly Realty Group Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
You must use a descriptive user agent header.
You must follow FORM 6 terms and conditions at all times.
You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
APIs available through the Service. We may make available one or more APIs for interacting with the Services. Your use of any Butterfly Realty Group API on the Site is subject to this Agreement and the Butterfly Realty Group API Rules, which will be posted before we make these APIs available (and which will then become part of this Agreement).
Privacy and Protection of Personal Information
Privacy & Cookies Policy. Butterfly Realty Group values your privacy. Please review our Privacy & Cookies Policy to learn more about how we collect and use information about you via the Services. The Privacy & Cookies Policy explains how Butterfly Realty Group treats your personal information and protects your privacy when you access Butterfly Realty Group and use the Services.
Amendments to the Privacy & Cookies Policy. We may amend the Privacy & Cookies Policy at any time in our sole discretion, effective upon posting the amended Privacy & Cookies Policy at the domain of www.butterflyrealty.com.au/privacy where the prior version of the Privacy & Cookies Policy was posted, or by communicating these changes through any written or other contact method we have established with you. Your use of the Services following the date on which such amended Privacy & Cookies Policy is published will constitute consent to such amendments to the extent they do not have retroactive applicability.
Data Processing Addendum. If you are a paying subscriber to the Services, to the extent that Butterfly Realty Group processes any Personal Data (as defined in the DPA) that is subject to the GDPR (as defined in the DPA), on your behalf, in the provision of the Services, the terms of the data processing addendum at https://www.butterflyrealty.com.au/dpa (“DPA”), which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms. For the purposes of the Standard Contractual Clauses referenced in the DPA, when you are the data exporter, your agreeing to these Terms of Service shall be treated as signing of the DPA, including, without limitation, the Standard Contractual Clauses and their Appendices.
Company Services and License
License to Use the Service. All right, title, and interest in and to the Services (excluding Content provided by users) is and will remain the exclusive property of Butterfly Realty Group and its licensors. The Services are protected by copyright, trademark, and other laws of both the State of Queensland, Australia and some foreign countries. Except as expressly provided herein, nothing in this Agreement gives you a right to use the Butterfly Realty Group name or any of the Butterfly Realty Group trademarks, logos, domain names or other distinctive brand features. Subject to your acceptance and the terms of this Agreement, Butterfly Realty Group grants to you a non-assignable, non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Services and related software [for your reasonable internal business or personal purposes in accordance with the Agreement and any other guidelines and requirements that we may implement from time-to-time], provided that you:
do not use the license to engage in any commercial activity;
do not modify the Content, except as described below;
attribute Butterfly Realty Group with a human and machine-followable link (an anchor tag) linking back to the page displaying the original source of the Content on Butterfly Realty Group;
make a reasonable effort to update a particular piece of Content to the latest version on Butterfly Realty Group; and
make a reasonable attempt to delete Content that has been deleted on Butterfly Realty Group.
No Claim to Any Rights in Your Information. We are promising not to claim any ownership interest in the Content provided by you to us solely because you have provided it, although we will claim a license sufficient to display such items through Butterfly Realty Group in connection with our Services (including the Property Services).
All New Properties or Businesses for sale must execute a “FORM 6” agreement. We will require all new clients of Butterfly Realty Group who identify themselves as Sellers of Properties or Businesses to execute a FORM 6 agreement.
Company Will Display Content and Allow Communications Based on Filters. When you become a client of, or create an account or use a Service of Butterfly Realty Group, and at any time thereafter, you are able to set a variety of filters that are intended to control who can see your information and what information you will be shown. We promise not to intentionally violate those filters, although you must recognize that we cannot guarantee that there will never be a software bug or a hacker attack that will allow unauthorized viewing of material or unsolicited contacts to occur.
Reservation of the Company’s Rights
Right to Control Content. Butterfly Realty Group may, but is not required to, monitor or control the Content posted via the Services. Our failure to exercise this right does not give you any right to make a claim against Butterfly Realty Group. Any Content that has been uploaded through the Services may be deleted at any time without notice to you.
Right to Discontinue the Services. Butterfly Realty Group reserves the right to discontinue the Services or to change the Services in any way and at any time, with or without notice to you, without liability.
Right to Terminate User Access. Butterfly Realty Group reserves the right to terminate Services, your access to the Services without notice and, if you violate this Agreement, to pursue other remedies at law or in equity. We may delete your account for any reason or for no reason at all, and if we delete your account you will lose all access to any information, connections or other features that may have value to you that may have been associated with your account.
Right to Refuse or Cancel Registration. The Company has the right to refuse registration of or cancel your user account in its discretion for any reason or for no reason. In addition, the Company reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate clients and/or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information (including Content) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement (including investigation of potential violations hereof), (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of Butterfly Realty Group, its clients and the public.
User Acknowledgement. Without limiting the generality of the foregoing, you specifically acknowledge that the Company is exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content, including material it believes, in its sole discretion to violate this Agreement, regardless of whether the material ultimately is determined to be infringing or otherwise prohibited, and regardless of whether such termination or disabling has the effect of reducing the value of any Content or opportunities that might otherwise have been available to you. By using the Services, you agree that notice to you through an email to the email address you provided in your client registration constitutes reasonable efforts to notify you of any removal or disabling if such notice is required.
Comments, Feedback, Suggestions, Ideas, And Other Submissions. The Services may invite you to chat or participate in social media, blogs, message boards, and other functionality and may provide you with the opportunity to create, submit, post, transmit, publish or distribute Content to the Company or to/via the Services. Any such material you transmit to the Company or otherwise through the Services will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions disclosed, submitted or offered to the Company in connection with the use of the Services or otherwise, and any chat, blog, message board, online forum, text, email or other communication with the Company, is hereby licensed by you to the Company on a nonexclusive, worldwide, royalty-free, perpetual, transferable and fully sublicensable basis. For more information, see our Privacy & Cookies Policy.
Limits on the Company’s Obligations
Introductions. We are not obligated to introduce you to any Investor or Property Owner.
Verifying Due Diligence. We are not responsible for doing diligence on the Clients, Investors, Property Owners, Seekers or other clients you meet through Butterfly Realty Group or verifying any representations, materials or other information provided by Clients, Investors, Job Seekers or other clients to you.
Verifying Investor / Purchaser Status. We are not responsible for verifying that that any Investor / Purchaser is a Qualified Purchaser, or otherwise authorized or appropriate to invest in your Property or Business, or for determining whether any use of Butterfly Realty Group constitutes a general solicitation of securities under the securities laws of the State of Queensland, Australia, or the laws of any state or other jurisdiction, including foreign jurisdictions.
No Recommendations. We do not recommend any Property or Business Purchase, endorse their fitness for investment or verify or claim the accuracy of information provided by our Clients on the Site or in our emails. In particular, we do not act as an investment adviser to any Investor(s) and no part of this Site is intended to constitute investment advice.
Client Confidentiality. We are not obligated to maintain the confidentiality of any Content you give us, other than Locked Information, and with respect to Locked Information, we are not obligated to protect it other than by designating it as such.
Intellectual Property Rights. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide to us, but the Company does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
Business Opportunities. In the event that the Company invests in any business, we are not obligated to make that investment opportunity available to anyone else.
No Endorsement of Content. The Company does not control or endorse the Content, messages or information found in the Services or external websites that may be linked to or from Butterfly Realty Group and, therefore, the Company specifically disclaims any responsibility with regard thereto.
No Obligation to Display Content. The Company has no obligation to accept, display, review, verify, monitor or maintain any Content submitted by users, user forum posts, commentary, ratings or compliments (“Comments”). We have the right to delete Content or Comments from the Services without notice for any reason at any time. The Company may move, re-format, edit, alter, distort, remove or refuse to exploit Content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, the Company reserves the right to treat Content provided by clients and Comments as content stored at the direction of clients for which the Company will not exercise editorial control except as required to enforce the rights of third parties and applicable Content restrictions when violations are brought to the Company’s attention.
Verifying Advertisement Accuracy. The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in an advertiser’s or sponsor’s Content.
Butterfly Realty Group respects the intellectual property rights of others and expects clients of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. The Copyright Act (“CA”) provides recourse to copyright owners who believe that their rights under the State of Queensland and Australian Copyright laws have been infringed by acts of third parties over the Internet.
If you believe that your copyrighted work has been copied without your authorization and is available on or in the Services in a way that may constitute copyright infringement, or if you believe that any material on the Services violates this Agreement or your intellectual property rights, please notify the Company as soon as possible by sending an email to email@example.com, or by mailing a letter to the Butterfly Realty Group Copyright Agent (listed below) containing the following information in accordance with the CA: (i) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (ii) identification of the copyrighted work claimed to have been infringed; (iii) your contact information, including your address, telephone number, and an email address; (iv) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; (v) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Our Butterfly Realty Group Copyright Agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Services is:
Butterfly Realty Group
PO Box 303, Rural View Qld Australia 4740
Please note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to public or government department for publication and/or annotation. You can see an example of such a publication. A link to your published notice will be displayed on Butterfly Realty Group in place of the removed Content.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Butterfly Realty Group will also terminate a user’s account if the user is determined to be a repeat infringer.
Term and Termination
Unless terminated by the Company, this Agreement will remain in full force and effect while you use any of the Services. Subject to the last sentence of this Section VIII, you may terminate this Agreement at any time by deleting all Content you have provided to Butterfly Realty Group and ceasing to use the Services. The Company may terminate this Agreement at any time, particularly if you are suspected of violating any provision of this Agreement. Upon termination of this Agreement for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by the Company or any other user of the Services that you acquired via use of the Services. Your representations in this Agreement and the provisions of Section II (User Obligations), Section XI (Arbitration) and any other provision of this Agreement which by their nature are designed to survive termination shall survive any termination or expiration of this Agreement.
Disclaimers; Limitations; Waivers of Liability
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF SERVICE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “COMPANY PARTIES”) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, BUG-FREE OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CLIENTSOF THE SERVICES AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or media players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Services, any Content or third party applications, software or content posted on or through the Services or transmitted to clients or any interactions between clients of the Services, whether online or offline.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon or any content you receive as a result of your relationship with Butterfly Realty Group. Butterfly Realty Group will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the Services or any Content. You also agree that Butterfly Realty Group has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Butterfly Realty Group or through the Services, will create any warranty not expressly made herein.
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PERSON BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID THE COMPANY IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
To the extent any provision(s) relating to arbitration, disclaimer, waiver of liability or any other rights and obligations set forth herein is not permissible or enforceable under foreign laws as applied to clients from such foreign jurisdictions, each such provision shall be deemed removed and invalid, but all remaining provisions shall be in full force and effect.
Disputes with Others
We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other clients of the Services. If you have a dispute with other users, you release the Company and hereby agree to indemnify the Company from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such a dispute.
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to PO Box 303, Rural View Qld Australia 4740, ATTENTION: LEGAL DEPARTMENT. The Company will send its notice to your address as set forth in the books and records of the Company, or if no such address has been provided, by email to the email address provided by you in connection with your use of the Services.
Binding Arbitration at Option of Either Party. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration, and not in a class, representative or consolidated action or proceeding. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the State of Queensland, Australia jurisdiction and, where appropriate, the State of Queensland Legal Procedures for Consumer Related Disputes. The determination of whether a Dispute is subject to arbitration shall be governed by the the State of Queensland, Australian laws and jurisdictions. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Your arbitration fees and your share of arbitrator compensation shall be governed by the State of Queensland, Australian laws and jurisdictions and, where appropriate, limited by those Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted, at the option of the claimant, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement obtained thereon in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize travel and expense burdens. Subject to Section IX of this Agreement (Disclaimers; Limitations; Waivers Of Liability), the arbitrator shall have authority to grant any form of appropriate relief, whether legal or equitable in nature, including specific performance.
Restrictions/No Class Actions. You and the Company agree that any claim brought in connection with a Dispute, whether resolved through arbitration or not, will be brought between the Company and you individually, and that you may not assert any such claim against Company as plaintiff or class member in any purported class or representative proceeding. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute between you and the Company is to be arbitrated on a class-action basis or will utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other clients of the Services or any other persons. If this specific provision is determined to be unenforceable, then the entirety of this Section XI (Arbitration) will be null and void.
Exceptions to Informal Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; and (2) any claim for injunctive relief.
Effect of Changes on Arbitration. Notwithstanding the provisions of Section XII.c (Amendments to this Agreement) below, if Company changes any of the terms of this Section XI (Arbitration) after the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement), you may reject any such change by sending us written notice (including by electronic mail to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date below or in the date of Company’s email to you notifying you of such change (whichever is earlier. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the terms of this Section XI (Arbitration) as of the date you first accepted the Agreement (or accepted any subsequent changes to the Agreement).
Availability of Services.
The Company operates and controls the Services from its offices in Queensland, Australia. The Company makes no representation that the Services are appropriate or available in other locations. The information provided on or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Certain information provided by Clients or Properties may be subject to Australian Foreign Review Board controls. Thus, no such materials may be downloaded, exported or re-exported (i) into (or to a national or resident of) any country to which Australia has embargoed goods, Business or Property sales; or (ii) to anyone on the Australian Government restricted Lists or similar. By downloading any material available through the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.
Injunctive Relief. You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone, so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any deposit or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
Amendments to this Agreement. We may amend this Agreement at any time in our sole discretion, effective upon posting the amended Terms of Service at the domain of www.angel.co where the prior version of this Agreement was posted or by communicating these changes through any written or other contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
Venue and Governing Law. This Agreement and all aspects of the Services shall be governed by and construed in accordance with the internal laws of the State of Queensland, Australia governing Property Services, property sales contracts entered into and to be fully performed in the State of Queensland (i.e., without regard to conflict of law’s provisions) regardless of your location except that Section XI (Arbitration) of this Agreement shall be governed by the State of Queensland, Australia jurisdiction. For the purpose of any judicial proceeding to enforce an arbitration award or incidental to such arbitration or to compel arbitration, or if for any reason a claim proceeds in court rather than in arbitration, you hereby submit to the non-exclusive jurisdiction of the state and Federal courts sitting in Mackay, in the State of Queensland, Australia, and agree that service of process in such arbitration or court proceedings shall be satisfactorily made upon a party if sent by certified, express or registered mail addressed to it at the address set forth in the books and records of the Company, or if no such address has been provided, by email to the email address provided by the relevant party to the Company in connection with its use of the Services. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Mackay, in the State of Queensland, Australia, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniences with respect to, venue and jurisdiction in the state and federal courts located in Mackay, in the State of Queensland, Australia. To the extent non-Australian laws mandate a different approach with respect to governing law, venue, statute of limitation, and dispute resolution method with respect to certain non-Australian persons, each such required standard shall be applied, but all other provisions under this section shall remain in full force.
Waiver and Severability.
The failure of the Company to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. In fact, the Company may choose to enforce certain portions of this Agreement more strictly or to interpret certain provisions more strictly against certain clients than it does against clients in general, and such disparate treatment shall not be grounds for failing to comply with all this Agreement as so interpreted.
You and the Company agree that if any portion of this Agreement, except any portion of Section XI.c (Restrictions/No Class Actions) is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect. If Section XI.b is found to be illegal or unenforceable, then neither you nor the Company will elect to arbitrate any Dispute falling within that portion of Section XI.b found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within Mackay, in the State of Queensland, Australia, and you and the Company agree to submit to the personal jurisdiction of that court.
Section Headings; Verification Documentation; Waiver of Execution Defences. The section headings used herein are for convenience only and shall not be given any legal import. Upon the Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Prohibition of Assignment. You may not assign this Agreement without the Company’s prior written consent. Any attempted assignment in contravention of this provision will be null and void.
Entire Agreement. This Agreement contains the entire understanding of you and the Company, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Services by the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Statute of Limitations. You and the Company both agree that regardless of any statute or law to the contrary but only to the extent permissible by law in each relevant jurisdiction, any claim or cause of action arising out of or related to use of the Services, this Agreement or our Privacy & Cookies Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. This Agreement is between you and the Company. No user has any rights to force the Company to enforce any rights it may have against any you or any other user, except to the extent that Clients may enforce their own intellectual property rights related to Content offered through the Services.
Government Use. If you are a part of an agency, department or other entity of the State of Queensland or Australian Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of any of our products or Services is restricted in accordance with the State of Queensland Regulations as applied to real estate agencies. The Services and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation.” In accordance with such provisions, any use of the Services by the Government shall be governed solely by this Agreement.
Australian Clients and Residents. Under Queensland law, Australian clients of the Services receive the following specific consumer rights notice: “The following organisations may be able to help you when you have a dispute or complaint”.
Australian Government agency for fair trading, competition and consumer protection.
Australian Government agency for trade measurement enquiries and complaints about weights and measures.
For ease of reading, we have divided it into the following categories:
This list is not exhaustive.
With respect to persons accessing the Site from outside of the State of Queensland, Australia, references to “Property Investor” status shall include all relevant investor sophistication standard(s) applicable to persons in each such jurisdiction seeking to make private property investments of such nature as enabled by the Site. Specifically, references to “Property Investors” accessing this Site from outside of the State of Queensland, Australia are those persons who have been certified as a buyer, investor, property investor or other.
“Community Rules”: Participants in the Butterfly Realty Group community will not, in connection with the Services:
defame, libel, disparage, threaten, harass or intimidate anyone, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap;
use any profane, obscene, pornographic or otherwise objectionable content or language;
promote or describe how to perform violence, illegal drug or substance abuse, or any other illegal activity;
violate the personal, privacy, contractual, intellectual property or other rights of any person;
reveal, with respect to personal or privacy rights, any personal information about another individual, including an address, phone number, email address, credit card number or other information that could be used to track, contact or impersonate that individual;
violate this Agreement or any local, state, federal or non-Australian law, rule or regulation;
trick, defraud, deceive or mislead the Company or other users, such as by submitting false reports of abuse or misconduct to the Company’s support services, disguising the source of materials or other information you submit to the Services or using tools which anonymize your Internet protocol address to access the Services;
interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Services of other clients or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
disparage, tarnish or otherwise harm, in the Company’s opinion, the Company and/or the Services;
upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, such as viruses, worms, Trojan horses, spyware, adware or any other malicious or invasive code or program;
reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Services utilize to generate web pages or any software or other products or processes accessible through the Services;
access or search (or attempt to access or search) the Services by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provide by Butterfly Realty Group, unless you have been specifically allowed to do so in a separate Agreement with Butterfly Realty Group (note crawling the Services is permissible in accordance with this Agreement, but scraping the Services is expressly prohibited without the prior consent of Butterfly Realty Group);
remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services or any website on which the Services are offered or on a third party website and/or Company software on which Company code is embeddable or embedded on;
remove, obscure or change any notice, banner, advertisement or other branding on the Services;
submit any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by the Company;
interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, such as probing or scanning the vulnerability of any system, network or breach; or
sell access to the Services or any part thereof other than through a mechanism approved by the Company.
“Content” means any information, text, graphics or other materials uploaded, downloaded or otherwise appearing on the Services. You retain ownership of all Content you submit, post, display or otherwise make available on the Services.
“Locked Information” means, all information acquired by, through or in connection with your use of the Services or the Site that was provided by another person and which is identified as “Locked” in any manner reasonably designed to identify the character of such information.
The Company is an entity offering the transmission of Property Information, routing or providing of connections for digital online communications, between or among points specified by a user of material of the user’s choosing, without modification of the content of the material sent or received, as well as system caching, storage of material residing on a system or network at the direction of a user, and referral or linkage of clients to an online location using information location tools, each through the Site located at https://butterflyrealty.com.au and any linked pages or applications owned and operated by the Company.
The Services are operated and provided by Butterfly Realty Group PO Box 303 Rural View Qld Australia 4740. If you have questions about this Agreement, please contact us. Butterfly Realty Group may conduct certain regulated activities in the State of Queensland, Australia as an appointed representative and/or supervised agent of a licensed third party arranger/manager/adviser.
Last updated: 11 June 2019 · Copyright 2019 © ™ ® Butterfly Realty Group. All rights reserved. None waived ever. Private Information. Estoppel conditions may apply.