By downloading an RSS Feed from Colliers International Holdings (Australia) Ltd ("Colliers International") in the form of a Widget or by otherwise embedding code to a website you agree to be bound by the terms and conditions set out below. Terms and conditions will be updated from time to time and by downloading and using the feed you indicate your acceptance of these terms and conditions and any updates that may be made to them.

1. Definitions and Interpretation

In this agreement:

Colliers International Content means content published to the Colliers International Australia Corporate website www.colliers.com.au.

News Digital Content means the Property RSS feed from Primespace within The Australian business website www.theaustralian.com.au.

RSS Feed means Really Simple Syndication. An RSS document includes full or summarized text, plus metadata such as publishing dates and authorship.

Standard Licence Terms means the terms as defined under licence.

Widget means a portable chunk of code that can be installed and executed within any separate HTML-based web page by an end user without requiring additional compilation.

In this agreement:

1. headings are for convenience only and do not affect interpretation;
   
   and unless the context indicates a contrary intention:
2. a reference to any statute or to any statutory provision includes any statutory modification or re-enactment of it or any statutory provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it;
3. words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender;
4. references to parties, clauses or schedules are references to parties, clauses and schedules to or of this agreement, references to paragraphs are to paragraphs of schedules to this agreement and a reference to this agreement includes any schedule to this agreement;
5. where a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; and
6. the word "includes" in any form is not a word of limitation.
2. Licence
1. Subject to these terms and conditions set out in this agreement Colliers International grants you a non-transferable, royalty free, non-exclusive licence to display on your website ("Site") the active links or other materials that you specifically select to receive either from Colliers International via our Widgets ("Colliers International Updates").
2. All intellectual, title and ownership rights and Colliers International Content shall remain the property of Colliers International or its licensors.
3. Use of Colliers International Content
1. You shall not use the Widget or feed any Colliers International Content on any Site as identified in the list of Excluded Websites below. This will be updated from time to time.
2. You shall not charge users for accessing Colliers International Content or otherwise commercialise such content.
3. You shall not provide endorsement or approval of your Site by Colliers International or any content or views expressed within your site or service.
4. You shall not alter Colliers International Content in any way shape or form nor alter Colliers International Content in an HTML frame-set.
4. Warranties & Liability
1. You warrant to Colliers International that:
1. You have fully complied with all applicable laws and regulations;
2. Your site shall contain no material which is slanderous, derogatory or pornographic or which brings Colliers International into disrepute.
3. Your site shall not breach any third party intellectual property rights
2. The feed is made available by Colliers International on an "as needed" basis and Colliers International gives no warranty of any kind in relation to the feed, any third party software or services used in providing the Feed, the Colliers International Content, or any content on the Colliers International website. To the maximum extent permitted by law Colliers International disclaims all express and implied warranties. By downloading the widget/feed you understand you will be solely responsible for any business interruption or damages to computer systems or loss of information or data that may result from your use of the widget or feed.
3. To the maximum extent permitted by law Colliers International excludes all liability to you for any loss or damage howsoever arising out of or in connection with this agreement, and in relation to the Widget or any third party software or services used in providing the Widget and feed. This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on a widget, feed from inability to use the widgets or feed, or from the interruptions, suspension or termination of the widget or feed.
5. Indemnity
1. You hereby agree to indemnify Colliers International against all damages, costs and expenses due to any breach of the Standard Licence Terms or otherwise in connection with your use of the feed and News Digital Content.
6. Termination
1. You may terminate this Agreement and the licence granted herein at any time by deleting the widget / feed and all Colliers International Content from your Site, all hard drives, networks and other storage devices.
2. You agree to destroy all copies of the widget /feed and all Colliers International Content upon receiving notice of termination from Colliers International.
7. General
1. Neither party may assign, charge or sublicense or its rights or obligations in this Agreement to any third party.
2. This Agreement supersedes all prior agreements and understandings between the parties concerning its subject matter.
3. Any failure or impediment from any party to exercise its rights under the provisions of this Agreement will not be construed as a waiver of those rights.
4. This Agreement shall be governed by, construed and take effect in accordance with the laws of New South Wales, Australia and the courts of New South Wales, Australia shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with this Agreement.
8. Excluded Websites

A site will be deemed to fall within one of the following categories where there is any material on that site which may fall within such category:

1. Sites that incite hatred based on difference: whether based on race, religion, gender, sexuality or otherwise, or which otherwise encourages anti-social behaviour.
2. Sites that promote, encourage or facilitate violence.
3. Sites that promote, encourage or facilitate terrorism (in any way shape or form) or covers matters that risk national security.
4. Sites that promote, facilitate or encourage illegal activity
5. Sites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under Australian law
6. Sites which infringe individual privacy