Terms Of Use

By using or accessing this Website and our official messaging platforms you agree to be bound by this Agreement. Please read these terms of use carefully before using this Website or our messaging platforms. If you do not agree to all of the terms of use, do not use the Website or our messaging platforms. If you are a Residential Listing customer you can view the Residential Property Listing Terms here.

You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use the Website and our messaging platforms in accordance with clause 3.1. In many jurisdictions that age is 18 years of age. If you are under the minimum legal age to form a binding contract in the jurisdiction in which you reside, you may only use the Website and our messaging platforms in accordance with clause 3.1 in conjunction with, and under the supervision of, your parent or guardian who has agreed to be bound by this Agreement. You must not register or access the Website or our messaging platforms if you are under 13 years of age.

1. Definitions

In these terms of use:

(a) Agreement means these terms of use, the R2 AI Privacy Policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time in accordance with clause 9;

(b) Content means the information and other content accessible by you on the Website and our messaging platforms excluding any information or other content accessible to you from a Third Party Website or third party messaging platform;

(c) Contributions means information including data, text, video, still images, audio or other material that R2 AI has permitted you to host, share, publish, post, store or upload on the Website or our messaging platforms as Content as permitted under this Agreement.

(d) Non-excludable condition is defined in clause 11;

(e) Other User Contributions mean information including data, text, video, still images, audio or other material that R2 AI has permitted users other than you to host, share, publish, post, store or upload on the Website or our messaging platforms as Content.

(f) R2 AI means Garden of Growth Pty Ltd;

(g) Third Party Website means a website controlled by a person other than R2 AI and which is linked to the Website; and

(h) Website means the rossandrachel.ai website accessible via its designated URL.

2. Licence

R2 AI grants you a non-exclusive and non-transferable right to access the Website and our messaging platforms and, subject to the terms of this Agreement, to view, retrieve and display the Content and make Contributions.

3. Permitted use

3.1 You may:

(a) access the Website and our messaging platforms in order to view, retrieve and display the Content;

(b) make Contributions;

(d) print out single copies of parts of the Content.

4. Prohibited use

4.1 You must not, at any time:

(a) publish, communicate or adapt any of the information or Content accessible on the Website or our messaging platforms;

(b) make copies in any form of all or parts of the Content other than as reasonably required for your personal non-commercial use;

(c) make Contributions that include commercial or advertising material such as promotional links, messages, logos within reviews, discussions, profile photos and usernames;

(d) alter or modify any part of the Website or our messaging platforms other than as may be reasonably necessary to use them for their intended purpose;

(e) adapt, translate, reverse engineer, dissemble or decompile the Website or our messaging platforms or any part thereof;

(f) directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Website or our messaging platforms, or in any manner whatsoever corrupt, degrade or disrupt them;

(g) remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Website or our messaging platforms;

(h) use any robot, spider, site search/retrieval application, offline reader, or other device to retrieve or index any part of the Website or our messaging platforms;

(i) collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Website or our messaging platforms;

(j) reformat or frame any part of the web pages that are part of the Website;

(k) create user accounts by automated means or under false or fraudulent pretences;

(l) create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website or our messaging platforms or otherwise interfere with other user’s enjoyment of the Website or our messaging platforms;

(m) use the Website or our messaging platforms to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which is deemed threatening or obscene;

(n) take any action that imposes, or may impose in R2 AI’s sole discretion, an unreasonable or disproportionately large load on its IT infrastructure;

(o) use the Website or our messaging platforms, intentionally or unintentionally, to violate any applicable local, state, national or international law; or

(p) collect or store personal data about other users in connection with the prohibited activities described in this paragraph 4.

4.2 Notwithstanding clause 4.1, R2 AI permits public search engines to use spiders or other search and retrieval applications to copy materials from the Website for the sole purpose of creating publicly available search indices of the materials, but not caches or archives of materials from the Website.

5. Contributions

5.1 R2 AI may permit you to make Contributions. Contributions that you make must be solely for personal, non-commercial purposes. You retain sole responsibility and accept all liability for your Contributions. R2 AI disclaims any and all liability in connection with Contributions. R2 AI assumes no responsibility for monitoring any Contributions. R2 AI does not in any way endorse the information in Contributions including any opinion, recommendation or advice expressed. R2 AI is under no obligation to treat your Contributions as confidential information.

5.2 R2 AI may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, R2 AI may remove or disable access to any or all your Contributions if it considers that:

(a) those Contributions are in breach of any law or regulation;

(b) those Contributions infringe the intellectual property rights of any third party;

(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;

(d) those Contributions directly or indirectly involve the advertising or marketing of any products or services;

(e) those Contributions are:

(i) misleading or deceptive;

(ii) inappropriate having regard to the purpose of the Website or our messaging platforms;

(iii) likely to cause offence;

(iv) materially incorrect;

(v) obscene;

(vi) defamatory;

(vii) otherwise unlawful; or

(viii) corrupted, due to the presence of a virus or other disabling code.

5.3 You retain all of your ownership rights in your Contributions. R2 AI is under no obligation to treat your Contributions as proprietary information. To the extent that any Contributions are proprietary in nature, you grant R2 AI a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any media, whether currently in existence or not. You also grant each user of the Website and our messaging platforms a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Contributions as permitted by R2 AI and this Agreement.

5.4 You grant R2 AI the right to use your registered name or the name you submit with the Contribution, and, the right to represent and warrant that:

(a) you own and control all of the rights to the Contributions; or

(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise R2 AI to display the Contributions as Content.

5.5 For any Contributions that you may retain moral rights in, you declare that:

(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution;

(b) you have no objection to the publication, use, modification, deletion and exploitation of the Contribution by R2 AI;

(d) you release R2 AI from any claims that you could assert against R2 AI by virtue of any such moral rights.

5.6 You understand that when accessing the Website or our messaging platforms, you may be exposed to Other User Contributions. You acknowledge and agree that R2 AI has no control of and is not responsible for Other User Contributions. You release R2 AI from any claims that you could assert against R2 AI relating to or in connection with Other User Contributions.

6. Intellectual property rights

You acknowledge and agree that all copyright and other intellectual property rights in the Content (other than Contributions made by you) are owned by or licensed to R2 AI and that nothing in this Agreement conveys to you any right to title or interest in the Content except for the rights expressly granted in clauses 2 and 3 and retained pursuant to clause 5.

7. User warranties

You represent and warrant that:

(a) you will only use the Content as permitted under clause 3;

(b) the information you supply on registration is accurate in all respects;

(c) if any of that information changes you will promptly notify R2 AI in writing of the changes (click here for contact information help@rossandrachel.ai);

(d) your use of the Website and our messaging platforms will comply at all times with this Agreement and any directions published from time to time by R2 AI on the Website;

(e) you will make sure that you keep your username and password by which you access the Website and our messaging platforms confidential and secure at all times;

(f) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to R2 AI;

(g) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise R2 AI to display your Contributions as Content; and

(h) you will not make any Contributions that:

(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you;

(ii) are misleading or deceptive;

(iii) are materially incorrect;

(iv) are likely to cause offence;

(v) directly or indirectly involve the advertising or marketing of any products or services;

(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;

(vii) are defamatory;

(viii) are otherwise unlawful or encourage unlawful conduct; or

(ix) are otherwise inappropriate having regard to the purpose of the Website or our messaging platforms.

8. Changes to this Agreement

8.1 R2 AI may change the terms of this Agreement as follows:

(a) if R2 AI reasonably considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the terms of this Agreement as amended on the Website and, where appropriate, via our messaging platforms; or

(b) if R2 AI reasonably considers that the change is likely to have a significant detrimental impact on you, it will make the change 30 days after it has notified you of the change by displaying a notice on the homepage of the Website and, where appropriate, via our messaging platforms.

8.2 If you do not accept a change made by R2 AI to the terms of this Agreement, your only remedy (except as set out elsewhere in this Agreement) is to immediately cease accessing the Website and our messaging platforms.

9. Third Party Websites

You acknowledge that you may be able to access Third Party Websites from the Website and third party messaging platforms from our messaging platforms. You agree with R2 AI that:

(a) R2 AI makes no representations, and has no liability, to you arising from or in connection with any use of any Third Party Website or third party messaging platform or any information or other content accessible to you from any of them; and

(b) your access to and use of any Third Party Website or third party messaging platform and information and other content available on it may be governed by terms imposed by the operator of the Third Party Website or platform.

10. Hyperlinks

10.1 You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided the link does not:

(a) portray R2 AI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner; and

(b) link to a site that contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable including pornographic, hateful, racially or ethnically offensive material.

10.2 This limited right may be revoked at any time.

10.3 You may not use an R2 AI logo or other proprietary graphic of R2 AI to link to the Site without the express written permission of R2 AI.

11. Exclusion of implied warranties

11.1 OTHER THAN AS EXPRESSLY SET FORTH HEREIN, R2 AI MAKES NO OTHER WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, AND ALL IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT) ARE HEREBY EXPRESSLY DISCLAIMED.

11.2 Nothing in this Agreement excludes or limits the application of any provision of any statute where to do so would:

(a) contravene that statute; or

(b) cause any part of this Agreement to be void.

12. Indemnity

You agree to indemnify and hold R2 AI, its subsidiaries and affiliates (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the Website or messaging platforms or Contributions to the Content not in accordance with these terms.

13. No availability or functionality guarantee

R2 AI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY ABOUT THE AVAILABILITY OR FUNCTIONALITY OF THE WEBSITE OR OUR MESSAGING PLATFORMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R2 AI EXCLUDES ALL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE:

(a) ARISING FROM ANY UNAVAILABILITY, OR FAILURE IN THE FUNCTIONALITY, OF THE WEBSITE OR OUR MESSAGING PLATFORMS;

(b) ARISING FROM OR IN CONNECTION WITH ANY THIRD PARTY WEBSITE OR THIRD PARTY MESSAGING PLATFORM; OR

14. Limited liability

14.1 IN NO EVENT SHALL R2 AI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITE OR OUR MESSAGING PLATFORMS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, R2 AI’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.

14.2 R2 AI may disclose personal information about you if it reasonably believes that doing so may mitigate its liability.

15. Termination

R2 AI may terminate this Agreement immediately if you:

(a) breach any part of any of clauses 4, 5 and 8 or if you use the Content other than in accordance with the licence in clause 2; or

(b) breach any other part of the Agreement and do not remedy the breach within 14 days of written notice from R2 AI notifying you of the breach.

16. Disputes; Governing Law

16.1 This Agreement is governed by the law of the State of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

16.2 You are solely responsible for your interactions with other users of the Website and our messaging platforms. R2 AI reserves the right, but has no obligation, to monitor disputes between you and other users.

17. Assignment

You may not assign any of your rights under this Agreement without the prior written consent of R2 AI. R2 AI may assign its rights under this Agreement in its sole discretion without prior consent.

19. Entire agreement

This Agreement:

(a) constitutes the entire agreement between the parties as to its subject matter; and

(b) supersedes all prior representations and agreements in connection with that subject matter.

19. Severability

A term or part of a term in this Agreement that is illegal or unenforceable may be severed from this Agreement and the remaining terms or parts of the term of this Agreement continue in force.

20. Waiver

R2 AI does not waive a right, power or remedy under this Agreement if it fails to exercise or delays in exercising a right, power or remedy. A single or partial exercise of a right, power or remedy by R2 AI does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy by R2 AI must be in writing and signed on behalf of R2 AI.

Please contact us at help@rossandrachel.ai if you have any questions about this Agreement.