These are the terms of use of the NOKK.com.au website and platform (the NOKK Platform) that
constitute the entire agreement between NOKK Pty Ltd (ACN 619 220 763) and users of the NOKK Platform. If you
browse or otherwise access any content or data on the NOKK Platform, you agree to be bound by these terms and
our Privacy Policy.
These terms of use are governed by the Laws of the State of Victoria.
NOKK reserves the right to change any or all of our terms of use or other conditions for using
the NOKK Platform at any time by publishing the new terms or conditions on the NOKK Platform. Your use of our
platform constitutes your acceptance of those terms. Should you object to any of our terms of use or other
conditions, you must immediately cease to us use of the NOKK Platform.
To access or use certain parts of the NOKK Platform, you must register as a member. You warrant
that all information provided by you or on your behalf during your membership registration is accurate and
true.
NOKK reserves the right to, in NOKK’s sole discretion, accept your membership application,
or suspend or terminate your membership or access to all or any part of the NOKK Platform at any time.
NOKK reserves the right to exercise whatever means we deem necessary to prevent unauthorised
access to or use of the NOKK Platform, including however not limited reporting applicable conduct to the
applicable authority, person or entity.
The supply of third party services to you arising from your use of the NOKK Platform shall be
under a separate contract or arrangement between you and the relevant third party, including any agents,
property owners or buyers (as the case may be). NOKK does not contract to supply the third party services and is not a
party to any contract for, or otherwise responsible in respect of, the provision of any third party services.
NOKK does not warrant that content, links, or subdomains contained on, or associated with the
NOKK Platform will be available and accessible to you at all times. NOKK may change the path or location of a
link or sub-domain, or redirect content contained within a link or subdomain on the NOKK Platform at any time
without prior notice to you. NOKK does not warrant that any links that you forward will remain constant at the
time that you forward or share them, as they are subject to change at any time without notice to you.
Information on the NOKK Platform or any of our publications should not be regarded as a
substitute for professional legal, financial or real estate advice.
NOKK makes no warranty as to the accuracy or reliability of the information contained on the
NOKK Platform (including, however not limited to, any content or information generated on our platform by or
on our behalf, and any third party content). NOKK and its related entities, directors, officers employees and
agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be
suffered by any recipient through relying on anything contained in or omitted from the NOKK Platform.
The information on the NOKK Platform is not professional advice. You agree that You will seek
all appropriate financial, legal and other advice as applicable before relying on any information obtained
from the NOKK Platform. NOKK does not warrant or represent that your use of the NOKK Platform will not give
rise to any legal liability on the part of you or any other person.
You warrant that you own and control all rights to any information, data, text, video or audio
that you host, share, publish, post, store or upload onto the NOKK Platform, including the right to licence
and authorise NOKK to use same. Further, you represent and warrant any information, data, text, video or audio
that you host, share, publish, post, store or upload onto the NOKK Platform:
Does not infringe the intellectual property rights of any third party, and you agree to pay
all royalties, fees or other monies payable by reason of anything provided by you;
Is not misleading, deceptive or materially incorrect; and
Is not and is not likely to be considered offensive, obscene, defamatory or otherwise
inappropriate.
Nothing in these terms of use shall operate to assign or transfer any intellectual property
rights from NOKK to you.
NOKK may deal with any information, data, text, video or audio that you host, share, publish,
post, store or upload onto the NOKK Platform and may at our sole discretion, remove or amend access to said
information, data, text, video or audio without notice to you
You grant NOKK an irrevocable, perpetual, world-wide, royalty-free licence to your information, data, text, video or audiouse, reproduce, modify, adapt, translate,
distribute, publish, create derivative works from and display same throughout the world. For the avoidance of
doubt, this licence survives termination of this agreement.
The subject matter on and accessible from the NOKK Platform is copyright in accordance with the
Copyright Act 1968 and is provided for private and non-commercial use only.
NOKK is not a real estate agency. The NOKK Platform contains third party and user-generated
content, as well as links to external websites and widgets to which we have no affiliation nor control.
You represent and warrant that you will make sure that you keep your username and password by
which you access the NOKK Platform confidential and secure at all times, and 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 NOKK.
Users of the NOKK Platform may include however are not limited to property owners, prospective
buyers and real estate agents. You acknowledge and agree that you may be approached by any of these parties
through the NOKK Platform, however you will only engage in further communication with other parties if you
choose to accept their initial request to engage.
You acknowledge and agree that NOKK may directly charge you fees and request payment
authorisations from you, however only after said fees have been disclosed to you and you have acknowledged
your agreement or authorisation of same. You acknowledge and agree to pay all fees as they become due and
payable. For the avoidance of doubt, failure to pay any fee as and when it falls due is a material breach of
these terms of use.
You agree to indemnify and hold NOKK and its affiliates (and their officers, agents, partners
and employees) harmless against any and all loss, liability, claim or demand (including reasonable legal fees)
arising out of, or in connection with your use of and access to our platform or otherwise your breaching of
these terms of use.
You acknowledge that complex software is never wholly free from defects, errors and bugs, and
subject to the other provisions of these terms of use, NOKK gives no warranty or representation that the NOKK
Platform will be entirely secure or wholly free from defects, errors and bugs.
To the extent permissible by law, NOKK's liability for breach of any implied warranty or
condition that cannot be excluded is restricted, at our option to: the re-supply of services or payment of the
cost of re-supply of services.
You acknowledge and agree that NOKK will not be liable to you or any third party for any
indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, revenue,
goodwill, customers or capital in any way connected with these terms or the NOKK Platform.
