Terms and Conditions

By accessing this website, you agree to be bound by the terms and conditions as set out below, which apply to your use of

‘Personal information” means any personal information provided by you via the website; ‘conditions’ means these terms and conditions; ‘user(s) means (a) user(s) of this website either collectively or individually, as in context. ‘we/our/us’ refers to David Goulding (real estate) pty ltd; ‘website refers to the website located at or an related URL which may supplement it; ‘You/your’ relates to your use of this website.

1. Access
1.1. We will allow and provide you with access to the website in accordance and acceptance with these conditions.

2. Indemnity
2.1. You agree to be fully responsible for (and fully indemnify us against) all claim, damages, liability, costs, losses and expenses, including legal fees, suffered by us and arising from any beach of these conditions by your any other liabilities arising out of your use of the website, or the use by any other person accessing the website using your PC or internet Access account.

3. Our Rights
3.1. We reserve the right to;
3.1.1. Modify or withdraw, temporarily or permanently, the website (including any part of it or content) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to/ or withdrawal of the website; and/or
3.1.2. Change these conditions, and your continued use of this website (including any part of it and contents) following such change shall be deemed to be your acceptance of such a change. It is your sole responsibility to regularly check these conditions and determine whether the conditions have been changed, if you do not agree and accept any change to these conditions then you must cease use of the website.
3.1.3. We will maintain the website in a reasonable and acceptable way. The website is subject to any change. You will not (at any time) be eligible for any compensation or payment because you can not use or have access to any part of this website or in relation to a failure, suspension or withdrawal of the complete website or any part or contents due to circumstances beyond our control.

4. Your obligations
4.1. You:
4.1.1. agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
4.1.2. agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
4.1.3. will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
4.1.4. will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
4.1.5. will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
4.1.6. agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

5. Third part Links
5.1. In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

6. Your Data
6.1. We respect your personal information and undertake to comply with applicable Australian Law legislation from time to time in place.
6.2. You should be aware that:
6.3. if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
6.4. We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
6.5. Please view our Privacy Policy, which forms part of these Conditions. This can be found at

7. Monitoring
7.1. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

8. Limitation of liability
8.2. The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
8.3. Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
8.4. Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under Australia law.
8.5. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
8.6. We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
8.7. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
8.7.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
8.7.2. any loss of goodwill or reputation; or
8.7.3. any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
8.8. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

9. Survival
9.1. Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

10. Severance
10.1. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.

11. Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.

12. Notice
12.1. You may send us notices and enquiries relating to or in connection to these conditions;
12.1.1. By email to
12.1.2. By post to PO BOX 806, Picton, NSW 2571
12.2. You must ensure you receive acknowledgement from us, which should then be retained by you.

13. Law
The Conditions will be exclusively governed by and construed in accordance with the laws of New South Wales and Australia whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Disclaimer: Although RESIDE has made every effort to ensure accuracy RESIDE and its employees shall not be liable to any person for any loss or damage of any kind whatsoever or howsoever (including indirect or consequential loss) arising from any errors or omissions or from reliance placed upon any information, advice, statement, opinion or conclusion in all or any part of the contents of this publication.  All parties are advised to seek full independent legal and professional advice prior to any action or decision.